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 |
| Terminated: | Apr 24, 2025 |
| Case in other court: | 6th Circuit, 24-03852 6th Circuit, 24-03880 6th Circuit, 24-04086 |
| 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) |
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GPO
Jan 14 2025
Order Norfolk Southern's Motion for Leave to File Supplemental Pleading to the Third-Party Complaint (ECF No. 569) is granted. Norfolk Southern shall file its Supplemental Pleading to its Third-Party Complaint within one day of the filing of this Order. Within seven days of the filing of this Order, OxyVinyls, GATX, and General American shall file any specific answer or affirmative defenses to the contribution claim they believe appropriate. No additional dispositive motions may be filed by any party, including Norfolk Southern. Judge Benita Y. Pearson on 1/13/25.(P,R) |
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GPO
Jan 16 2025
Memorandum Opinion and Order For the reasons set forth herein, Plaintiffs' Motions for an Order Requiring Objector Rev. Joseph Sheely to Post an Appeal Bond (ECF No. 567) and for an Order Requiring Appellants Zsuzsa Troyan, Tamara Freeze, Sharon Lynch, and Carly Tunno to Post an Appeal Bond (ECF No. 671) are granted. Within 14 days of entry of this Order, Appellants Rev. Joseph Sheely, Zsuzsa Troyan, Tamara Freeze, Sharon Lynch, and Carly Tunno shall each contribute $170,000 towards a total bond of $850,000 to be posted with the Clerk of Court to protect the interests of the Class and ensure payment of costs on appeal. The appeal bond shall be the responsibility of all Appellants. If any Appellant withdraws their appeal, the remaining Appellants are responsible for the entire bond amount. Judge Benita Y. Pearson on 1/16/2025. (JLG) |
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GPO
Jan 19 2025
Memorandum of Opinion and Order For the reasons set forth herein and those that have been articulated in the memorandum of the points and authorities on which GATX relies, Norfolk Southern's Motion to Exclude the Expert Report and Testimony of Dr. Lemberg (ECF No. 627) is denied. Judge Benita Y. Pearson on 1/19/2025. Related document(s) 586, 622, 624, 627, 629. (JLG) |
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GPO
Jan 22 2025
Order For the reasons set forth herein, the Court denies GATX's Motion to Exclude the Testimony of Gary Wolf (ECF No. 624). Judge Benita Y. Pearson on 1/22/2025. Related document(s) 682, 697. (JLG) |
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GPO
Jan 22 2025
Order For the reasons set forth herein, the Court grants in part, and denies in part, Norfolk Southern's Motion to Exclude the Expert Report and Testimony of Dr. Chason Coelho (ECF No. 621) as set forth herein. Judge Benita Y. Pearson on 1/22/2025. Related document(s) 673, 700. (JLG) |
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GPO
Jan 24 2025
Memorandum of Opinion and Order For the reasons set forth herein and those that have been articulated in the memorandum of the points and authorities on which GATX relies, Norfolk Southern's Motion to Exclude the Expert Report and Testimony of James H. Rader (ECF No. 629) is denied. Judge Benita Y. Pearson on 1/24/2025. (JLG) |
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GPO
Jan 27 2025
Order For the reasons set forth herein, the Court grants Third-Party Plaintiffs Norfolk Southern Corporation and Norfolk Southern Railway Company's Motion to Exclude the Expert Report and Testimony of Dr. Abid Kemal. (ECF No. 625). Judge Benita Y. Pearson on 1/27/2025. Related document(s) 687, 702. (JLG) |
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GPO
Jan 27 2025
d scientific accuracy of the warnings and safety data sheets. His opinions on witness credibility are excluded. Judge Benita Y. Pearson on 1/27/2025. Related document(s) 677, 693. (JLG) Order For the reasons set forth herein, OxyVinyls' Motion to Exclude (ECF No. 616) is denied in part and granted in part. The Court denies the motion to exclude Dr. Coates' opinions regarding his expertise on polymerization an |
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GPO
Jan 27 2025
Order For the reasons set forth herein, Norfolk Southern's Motion to Exclude (ECF No. 623) is granted in part and denied in part. Because the Court finds that Mr. Harnett's opinions on risk assessment, SDS, and emergency response are reliable and based on reliable methodology, the motion to exclude them is denied. Because Mr. Harnett is not qualified to opine on confirmation bias, the opinions he rendered on that topic are excluded. Accordingly, Section VI(B) and conclusion Section VII(C)(2) of his report are excluded. Judge Benita Y. Pearson on 1/27/2025. Related document(s) 669, 701. (JLG) |
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GPO
Jan 29 2025
Order For the reasons set forth herein, Norfolk Southern's Motion to Exclude (ECF No. 628) is granted in its entirety. Dr. Melhem and his opinion are excluded. Judge Benita Y. Pearson on 1/29/2025. Related document(s) 668, 704. (JLG) |
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GPO
Jan 31 2025
Order GATX's Motion to Exclude (ECF No. 619) is granted in part, that is: the Court excludes Mr. Lunsford's opinion and testimony on the identification or existence of biases. GATX's motion to exclude Mr. Lunsford's opinions is denied in all other respects. Judge Benita Y. Pearson on 1/31/25.(P,R) |
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GPO
Jan 31 2025
Memorandum of Opinion and Order denying Norfolk Southern's Motion to Exclude the Expert Report and Testimony of Drs. Lee Swanger and Sarah Parker (Related Doc # 630). Judge Benita Y. Pearson on 1/31/25.(P,R) |
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GPO
Jan 31 2025
Order denying in its entirety GTX's Motion to Exclude Testimony of Joseph Poplawski (Related Doc # 622). Judge Benita Y. Pearson on 1/31/25.(P,R) |
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GPO
Feb 03 2025
Order For the reasons set forth herein, Third-Party Defendants GATX Corporation and General American Marks Company's Motion to Exclude in Part the Expert Testimony of Allan Zarembski (ECF No. 626) is denied. Judge Benita Y. Pearson on 2/3/2025. Related document(s) 683, 708. (JLG) |
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GPO
Feb 21 2025
Memorandum of Opinion and Order For the reasons set forth herein, Norfolk Southern's Motion for Partial Summary Judgment Against OxyVinyls (ECF No.615) is denied. Judge Benita Y. Pearson on 2/21/2025. Related document(s) 685, 698. (JLG) |
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GPO
Feb 21 2025
Memorandum of Opinion and Order For the reasons set forth herein, Norfolk Southern's Motion for Partial Summary Judgment Against GATX (ECF No. 618) is denied. The statement in the prior Daubert rulings that "the L1 wheel of GPLX 75465 - whose failed roller bearing caused the derailment on February 3, 2023" is corrected to read "the L1 wheel of GPLX 75465 - whose failed roller bearing Norfolk Southern argues caused the derailment on February 3, 2023." See Memorandum of Opinion and Order (ECF No. 734) at PageID #: 51940; Memorandum of Opinion and Order (ECF No. 741) at PageID #: 52344; and, Memorandum of Opinion and Order (ECF No. 753-1) at PageID #: 52576. Judge Benita Y. Pearson on 2/21/2025. Related document(s) 684, 699. (JLG) |
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GPO
Feb 21 2025
Memorandum of Opinion and Order Because Norfolk Southern does not oppose OxyVinyls' Motion for Summary Judgment as to Count One (ECF No. 631), summary judgment is granted in favor of OxyVinyls on Count One. Because the elements raised in Count Two are material and in genuine dispute, OxyVinyls' Motion for Summary Judgment on Count Two is denied. Judge Benita Y. Pearson on 2/21/2025. Related document(s) 676, 694. (JLG) |
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GPO
Feb 21 2025
Memorandum of Opinion and Order For the reasons set forth herein, GATX's Motion for Summary Judgment on Norfolk Southern's Count One and Count Three (ECF No. 645) is granted in part and denied in part. Accordingly, GATX's Motion for Summary Judgment on Count One is granted. GATX's Motion for Summary Judgment on Count Three is denied. General American Marks Company is dismissed. Judge Benita Y. Pearson on 2/21/2025. Related document(s) 675, 709. (JLG) |
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GPO
Mar 24 2025
Order Trial commences on 3/31/2025. The parties expected at Trial have filed 26 Motions in Limine. The Court resolves them as follows. ECF Nos. 810, 816, 822, 823, 824, 826, and 830 are denied. ECF Nos. 805, 806, 807, 811, 812, 813, 814, 815, 819, and 820 are granted. ECF Nos. 808, 809, and 821 are deferred. ECF Nos. 817, 818, 825, and 828 are granted with caution. ECF Nos. 827 and 829 are deferred and denied in part. In adion, or argument shall contravene the rulings made herein. Judge Benita Y. Pearson on 3/24/2025. (JLG)dition, as ordered by the Court above, Norfolk Southern shall identify the specific evidence it seeks to exclude and explain why, within 3 pages, by 3/26/2025 at 4:00 p.m. (regarding ECF No. 809); OxyVinyls shall reply, within 3 pages, by 3/26/2025 at 4:00 p.m. (regarding ECF No. 821); and parties shall consult and agree on proper redactions and suggest an appropriate cautionary instruction for the jury by 3/26/2025 at 4:00 p.m (regarding ECF No. 827). No statement, question, oral object |
| Docket last updated: 05/12/2025 11:59 PM EDT |
| Friday, May 02, 2025 | ||
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appeal
Acknowledgment from the USCA
Fri 05/02 2:17 PM
Acknowledgment from the USCA for Sixth Circuit of receipt of975 Notice of Appeal (USCA# 25-3342 . Date filed in USCA 5/2/25. (H,SP) |
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| Tuesday, April 29, 2025 | ||
| 976 | 976
minutes
~Util - Terminate Motions Order
Tue 04/29 11:55 AM
Order For good cause shown, Plaintiffs CeramFab, Inc., CeramSource, Inc., Yonggong, LLC, and WYG Refractories, LLC's (collectively "CeramFab Plaintiffs") Motion to Restore Case to Active Docket (ECF No.732 ) is granted without opposition. Case No. 4:23CV2206 is reinstated to the Court's active docket. Counsel for CeramFab Plaintiffs and Defendants Norfolk Southern Corporation and Norfolk Southern Railway Company ("Norfolk Southern") shall meet and confer. On or before 5/13/2025, counsel for CeramFab Plaintiffs and Norfolk Southern shall file a Joint Status Report that sets forth a proposed schedule for Case No. 4:23CV2206 going forward (including a cutoff date for Norfolk Southern to move, plead or otherwise respond to the Complaint (ECF No.1 )). Furthermore, between 1/30/2025 and 2/5/2025, 14 new cases were filed by individuals and businesses who have allegedly validly opted out of the Settlement. On or before 5/13/2025, counsel for Norfolk Southern shall file a separate Status Report updating the Court on any consultations they have had with any of the other 414 individuals and businesses who have validly opted out of the Settlement and are not named in the 14 new cases. In addition, the separate Status Report shall update the Court on any consultations they have hadwith Plaintiffs' counsel in Case Nos. 4:24CV0587 and 4:24CV1024 ("the insurance cases"). A separate Case Management Conference Scheduling Order will be issued for Case No. 4:23CV2206. The Clerk of Court shall docket the within Order in Case Nos. 4:23CV242 and 4:23CV2206. Thereafter, all pleadings and other papers for the case brought by CeramFab Plaintiffs shall only be filed in and docket entries shall only be made in Case No. 4:23CV2206. Judge Benita Y. Pearson on 4/29/2025. (JLG) |
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| Monday, April 28, 2025 | ||
| 975 | 975
appeal
Notice of Appeal
Mon 04/28 11:19 PM
NOTICE OF APPEAL to the Sixth Circuit Court of Appeals as to923 Order on Motion to extend deadlines, by David Graham. ( Filing fee $ 605 receipt number AOHNDC-13072115.). (Graham, David) |
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