Court Holds Federal Railroad Safety Act Does Not Affect Federal Venue Statute
The U.S. District Court for the Eastern District of Pennsylvania held that the Federal Railroad Safety Act, which briefly discusses venue at § 49 U.S.C. 20109(d)(2)(A)(iii) and § 49 U.S.C. 20109(d)(3), “does not supplant the general venue guidelines set forth in 28 U.S.C. § 1391(b). The court rejected an argument that the Railroad Safety Act required venue to lie in only one district: “the district court” where the violation occurred. The court, following guidance from a 2013 Illinois federal case, reasoned that “Congress has been clear about promulgating venue in other federal statutes but has failed to specify venue in FRSA.” Accordingly, the court concluded general federal guidelines set forth in Section 1391 apply to determine where venue may lie for claims arising under FRSA.
