Mine Subsidence Fund Opposes Union Pacific’s Summary Judgment Motion in Reinsurance Dispute

SPRINGFIELD, Ill. — A reinsurance fund has opposed Union Pacific Railroad Co.’s motion for summary judgment in a dispute over whether the fund can relitigate issues resolved in previous cases in which it sought reimbursement from the railroad for mine subsidence claims.

In a Nov. 25 opposition filed before Judge Sue Myerscough of the U.S. District Court for the Central District of Illinois, the Illinois Mine Subsidence Insurance Fund (IMSIF) argues that claim preclusion does not prevent it from participating in future litigation because it is appearing in a different capacity and asserting a separate set of rights.

IMSIF contends …