Norfolk Southern lawsuit to remain in Pennsylvania
Nov. 14—A class-action lawsuit against Norfolk Southern filed by several western Pennsylvania school districts will remain in Pennsylvania.
In a November order, Western District of Pennsylvania District Judge Cathy Bissoon denied a request from Norfolk Southern to have the case transferred from Pennsylvania to the Northern District of Ohio.
The lawsuit is a result of the Feb. 3 train derailment in East Palestine, Ohio.
The parties in the lawsuit include the Union, Ambridge, Beaver, Blackhawk, South Side and Western Beaver school districts.
Other parties include five minor students who were identified only by initials.
Norfolk Southern attorneys wanted the case transferred to Ohio where other ongoing lawsuits against the company are taking place, while attorneys for the plaintiffs argued the case should remain where the districts and its residents reside.
Since the lawsuit is a class-action suit, all school districts and school children within a 35-mile radius of the derailment are eligible for relief and to be represented, which is approximately 12,000 students.
Attorneys for the plaintiff are seeking a jury trial to have Norfolk Southern pay punitive, compensatory and statutory damages from the derailment, such as for damages to property, soil and water supplies, any health ailments and other costs incurred by the districts as a result of the derailment.
Norfolk Southern has until Nov. 17 to formally respond to the lawsuit.
