In a dispute arising from an accident in which a passenger was struck by an Amtrak train which resulted in a settlement with the passenger, but leaving unresolved one party’s cross-claim for contractual indemnity, summary judgment for Amtrak on its cross-claim against the Southeastern Pennsylvania Transportation Authority (SEPTA) is affirmed as, SEPTA’s state-law sovereign immunity defense is preempted by Amtrak’s federal enabling statute and therefore, the indemnity contract between SEPTA and Amtrak is enforceable.
Read Deweese v. Nat’l RR Passenger Corp., No. 09-1569
Appellate Information
On Appeal from the United States District Court for the Eastern District of Pennsylvania
Opinion Filed December 22, 2009
Judges
Before: Scirica, Chief Judge, Jordan and Greenberg, Circuit Judges
Opinion by Circuit Judge Jordan
Counsel:
For Appellant: Thomas S. Biemer, Matthew A. Foley, Dilworth Paxon
For Appellee: William G. Ballaine, Landman Corsi Ballaine & Ford
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