In re: East Palestine Train Derailment
| Ohio Northern District Court | |
| Judge: | Benita Y Pearson |
| Referred: | Carmen E Henderson |
| Case #: | 4:23-cv-00242 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Feb 07, 2023 |
| Case in other court: | 6th Circuit, 24-03852 6th Circuit, 24-03880 |
| Last checked: Sunday Aug 06, 2023 5:11 AM EDT |
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3rd Party Plaintiff
Norfolk Southern Railway Co.
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3rd Party Plaintiff
Norfolk Southern Corp.
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3rd Pty Defendant
Trinity Industries Leasing Company
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3rd Pty Defendant
Oxy Vinyls LP
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3rd Pty Defendant
General American Marks Company
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3rd Pty Defendant
GATX Corporation
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Defendant
Norfolk Southern Corp.
650 W. Peachtree Street NW
Atlanta, GA 30308 |
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Defendant
Norfolk Southern Railway Co.
Corporation Service Company 3366 Riverside Drive, Suite 103
Upper Arlington, OH 43221 |
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In Re [civil]
Plaintiffs' Subcommittees
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In Re [civil]
Co-Lead Counsel
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In Re [civil]
Community Liaison Counsel
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In Re [civil]
Plaintiffs' Steering Committee
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In Re [civil]
Interim Class Counsel
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In Re [civil]
Plaintiffs' Executive Committee
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Plaintiff
Jon Luke Affeltranger
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Plaintiff
Harold R. Feezle
On Behalf of Themselves and All Others Similarly Situated 50263 State Route 14
East Palestine, OH 44413 |
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Plaintiff
David J. Scheufele
On Behalf of Themselves and All Others Similarly Situated 298 East Clark Street
East Palestine, OH 44413 |
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Plaintiff
Susan E Scheufele
On Behalf of Themselves and All Others Similarly Situated 298 East Clark Street
East Palestine, OH 44413 |
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Plaintiff
Rosemary Mozuch
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Plaintiff
Charles Mozuch
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Plaintiff
Laura Mann
650 E. Martin St.
East Palestine, OH 44413 |
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Plaintiff
Marilyn Figley
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Plaintiff
Edward E. Barnhouse
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Plaintiff
Rollerena Auto Sales, LLC
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GPO
Mar 13 2024
Memorandum of Opinion and Order For the reasons set forth herein and as earlier announced, Norfolk Southern's Motion to Dismiss and to Strike (ECF No. 76) is granted in part and denied in part. To the extent that Plaintiffs have pleaded "medical monitoring" as a separate cause of action on behalf of the Ohio residents, the Court grants the motion to dismiss Count XIII. Nevertheless, because, in Ohio, medical monitoring is an element of damages, should Norfolk Southern become liable for an underlying tort claim, medical monitoring can be imposed. All other claims and remedies of Plaintiffs remain pending against Norfolk Southern. Judge Benita Y. Pearson on 3/13/2024. (JLG) |
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GPO
Mar 13 2024
Memorandum of Opinion and Order For the reasons set forth herein and as earlier announced, Third-party Defendant OxyVinyls LP's Motion to Dismiss the Third-party Complaint Under Fed. R. Civ. P. 12(b)(6) (ECF No. 188) is granted in part and denied in part. Third-party Defendant Trinity Industries Leasing Company's Motion to Dismiss the Third-party Complaint Under Fed. R. Civ. P. 12(b)(2) and (6) (ECF No. 190) is granted in part and denied in part.Third-party Defendants GATX Corporation and General American Marks Company's Motion to Dismiss the Third-party Complaint Under Fed. R. Civ. P. 12(b)(6) (ECF No. 194) is granted in part and denied in part. The Court grants the motions to dismiss Count Four without prejudice. All other claims and remedies of Norfolk Southern remain pending against Trinity, OxyVinyls, GATX, and General American. At this juncture, Norfolk Southern's claim for contribution (Count Four) against Trinity, OxyVinyls, GATX, and General American under Ohio law is premature. Should Norfolk Southern become liable, that claim will ripen. Judge Benita Y. Pearson on 3/13/2024. (JLG) |
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GPO
Mar 13 2024
Memorandum of Opinion and Order For the reasons set forth herein and as earlier announced, New Party Defendants GATX Corporation and General American Marks Company's Motion to Dismiss First Amended Master Consolidated Class Action Complaint Under Fed. R. Civ. P. 12(b)(6) (ECF No. 205) is granted in part and denied in part. New Party Defendant Trinity Industries Leasing Company's Motion to Dismiss First Amended Master Consolidated Class Action Complaint Under Fed. R. Civ. P. 12(b)( 2) and (6) (ECF No. 206) is granted in part and denied in part. New Party Defendant OxyVinyls LP's Motion to Dismiss First Amended Master Consolidated Class Action Complaint Under Fed. R. Civ. P. 12(b)(6) and/or to Strike Request for Punitive Damages Under Fed. R. Civ. P. 12(f) (ECF No. 207) is granted in part and denied in part. To the extent that Plaintiffs have pleaded "medical monitoring" as a separate cause of action on behalf of the Ohio residents, the Court grants the motion to dismiss Count XIII. Nevertheless, because, in Ohio, medical monitoring is an element of damages, should GATX,General American, Trinity, and/or OxyVinyls become liable for an underlying tort claim, medical monitoring can be imposed against that tortfeasor(s). All other claims and remedies of Plaintiffs remain pending against GATX, General American, Trinity, and OxyVinyls. Judge Benita Y. Pearson on 3/13/2024. (JLG) |
| Docket last updated: 9 hours ago |
| Monday, December 30, 2024 | ||
| 719 | 719
2
pgs
motion
Order
Mon 12/30 1:51 PM
Motion to Lift Restrictions on Use of Transcript filed by Morgan & Morgan, T Michael Morgan.(Morgan, T.) |
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Att: 1
Brief in Support Brief in Support,
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Att: 2
Proposed Order Proposed Order
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