Judge: Norfolk Southern’s Bid To Dismiss Train Case Fails; Third-Party Claims Valid

( March 18, 2024, 9:04 AM EDT) -- YOUNGSTOWN, Ohio — A federal judge in Ohio has granted in part and denied in part the motion to dismiss filed by Norfolk Southern and Norfolk Southern Railway Co. (collectively, Norfolk Southern) in litigation pertaining to alleged injuries and the release of toxic chemicals from the derailment of a train in East Palestine, Ohio, ruling that the plaintiffs’ allegations are sufficient to overcome Norfolk Southern’s preemption argument.  The judge also issued two other rulings: one on railcar owners’ motions to dismiss the master complaint and one on the owners’ motions to dismiss Norfolk Southern’s third-party complaint....