On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be litigated before the federal courts as well as theSurface Transportation Board (“STB”). The Court’s ruling in Norfolk S. Ry. Co. v. Balt. & Annapolis R.R. continues a recent trend of divesting the STB’s exclusive jurisdiction over ICCTA claims.
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