45 U.S.C. § 797j

Preemption

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No State may adopt or continue in force any law, rule, regulation, order, or standard requiring the Corporation to employ any specified number of persons to perform any particular task, function, or operation, or requiring the Corporation to pay protective benefits to employees, and no State in the Region may adopt or continue in force any such law, rule, regulation, order, or standard with respect to any railroad in the Region.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1984–2021 · leading case: Consol. Rail Corp. v. Reading Co., 654 F. Supp. 1318 (Regl. Rail Reorg. Act 1987).

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Consol. Rail Corp. v. Reading Co., 654 F. Supp. 1318 (Regl. Rail Reorg. Act 1987). · cites it 2× “The second reason is that § 709(b), when considered within the context of the structure and purpose of the Rail Act as a whole, reflects Congress' implied intent to preclude such application.”

Norfolk & W. Ry. Co. v. PUB. UTIL. COM'N, 582 F. Supp. 1552 (Regl. Rail Reorg. Act 1984). · cites it 2× “20") is preempted by § 711 of the Regional Rail Reorganization Act of 1973 ("3R Act"), as amended by the Northeast Rail Service Act of 1981 ("NRSA"), 45 U.S.C. § 797j ("Section 711"). N & W contends that § 4999.”

Keeler v. Consol. Rail Corp., 582 F. Supp. 1546 (Regl. Rail Reorg. Act 1984). “) as amended by NRSA: No State may adopt or continue in force any law, rule, regulation, order, or standard requiring the Corporation, the National Railroad Passenger Corporation, or the Amtrak Commuter Services Corporation to employ any specified number of persons to perform…”

Boettjer v. Chesapeake & Ohio Ry. Co., 612 F. Supp. 1207 (Regl. Rail Reorg. Act 1985). “DISCUSSION Plaintiffs raise several constitutional challenges to Section 711 of the Regional Rail Reorganization Act of 1973 ("3R Act"), as amended by the Northeast Rail Service Act of 1981 ("NRSA"), 45 U.S.C. § 797j. [2] Plaintiffs apparently contend that *1209 Section 711 does…”

Norfolk & W. Ry. Co. v. Pub. Serv. Comm'n, 858 F. Supp. 1213 (Regl. Rail Reorg. Act 1994). · cites it 2× “The Railroads assert that the statute is preempted by section 711 of the Regional Rail Reorganization Act of 1973 (Rail Act), as amended by section 1143(a) of the Northeast Rail Service Act (NRSA), 45 U.S.C. § 797j (1988). Based upon the record presented and the argument of all…”

Indiana Rail Road Co., The v. Illinois Com. Comm'n (N.D. Ill. 2021). · cites it 2× “45 U.S.C. § 797j (emphasis added). The Railroads in this case contend that Illinois, as a “State in the Region” covered by the 3R Act, is prohibited under Section 797j from adopting a law that mandates a specific crew size.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.