November 6, 2018
Kansas Court of Appeals Reverses District Court Decision in Favor of Knight Nicastro Client BNSF
Noah Garcia was part of the successful defense of Knight Nicastro client BNSF Railway Company on appeal in a case involving a train blocking a crossing. The appeal stemmed from a case tried by Noah last year in Chase County, Kansas. BNSF was charged with blocking a crossing for 4.5 hours. The Kansas Court of Appeals agreed with BNSF that the federal Interstate Commerce Commission Termination Act (ICCTA) supersedes state law, and that a state law that attempts to regulate railroad operations is preempted. This is the first Kansas case to rule on the issue and will have industry-wide implications.