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.
Kansas Court of Appeals Reverses District Court Decision in Favor of Knight Nicastro Client BNSF