In a Federal Tort Claims Act action by a railroad against the government based on the derailment of a train, judgment for plaintiff is reversed where: 1) the Tucker Act deprived the district court of jurisdiction over plaintiff’s negligent breach of contract claim because it was a contract claim under the exclusive jurisdiction of the Court of Federal Claims; and 2) plaintiff’s negligent inspection and maintenance claim was barred by the exculpatory clause of the parties’ agreement, which did not violate Oklahoma public policy.
Read Union Pac. R.R. Co. v. US, No. 08-7102
Appellate Information
Filed January 5, 2010
Judges
Opinion by Judge Hartz
Counsel
For Appellant:
Sarang V. Damle, Michael F. Hertz, Sheldon J. Sperling, Thomas M. Bondy, Attorney, Appellate Staff, Civil Division, Washington, DC
For Appellee:
George R. Mullican, Robert D. Hart and Christopher D. Wolek, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OKPlaintiff - Appellee.
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