Editor's Note :

Editor's Note :

We are hosting an online symposium on Epic Systems v. Lewis, in which the court held 5-4 that arbitration clauses in employment contracts that require employees to forego class and collective actions are enforceable. Contributions are available at this link.

Norfolk Southern Corporation v. Zimmerman

Petition for certiorari denied on October 7, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-1448 3d Cir. N/A N/A N/A N/A OT 2013

Issue: (1) Whether 23 U.S.C. § 409, which prohibits the evidentiary use of reports “compiled or collected for the purpose of identifying, evaluating or planning” safety enhancements “pursuant to” three federal highway programs, bars the admission of National Crossing Inventory reports and railroad accident reports collected from railroads by the Federal Railroad Administration for the purpose of identifying railroad crossings in need of safety enhancements; and (2) whether 49 U.S.C. § 20903, which prohibits the evidentiary use of a federally mandated railroad accident report in an action “for damages resulting from a matter mentioned in the report,” bars the admission of reports of accidents at a railroad crossing in a tort suit arising out of an accident at the crossing.

DateProceedings and Orders
Jun 12 2013Petition for a writ of certiorari filed. (Response due July 15, 2013)
Jul 3 2013Order extending time to file response to petition to and including August 14, 2013.
Jul 15 2013Brief amicus curiae of Association of American Railroads filed.
Aug 13 2013Brief of respondent Robert Zimmerman in opposition filed.
Aug 27 2013Reply of petitioner Norfolk Southern Corporation filed. (Distributed)
Aug 28 2013DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013Petition DENIED.
Term Snapshot