U.S. Court of Appeals for the Ninth Circuit, 2006

Abboud v. Union Pacific Railroad

Abboud v. Union Pacific Railroad
U.S. Court of Appeals for the Ninth Circuit · Decided May 26, 2006 · Fisher, Fletcher, Kozinski
182 F. App'x 724

Abboud v. Union Pacific Railroad

Opinion of the Court

MEMORANDUM *

Because the district court correctly determined that plaintiffs’ negligence claims against Union Pacific Railroad Company are without merit under Rowland v. Christian, 69 Cal.2d 108, 70 Cal.Rptr. 97, 443 P.2d 561 (1968), and because the district court correctly determined that plaintiffs’ negligence claims against Amtrak are completely preempted, see CSX Transp., Inc. v. Easterwood, 507 U.S. 658, 675, 113 S.Ct. 1732, 123 L.Ed.2d 387 (1993), the district court’s thorough order granting summary judgment to defendants is AFFIRMED.

Judge Kozinski would affirm for precisely the reasons set forth in the district court’s entirely correct order.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.

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