June 2011 Archives

McBride v. CSX: U.S. Supreme Court Rejects Railroads' Demand to Gut FELA Causation Standard

On June 23, 2011, the United States Supreme Court held that FELA juries must continue to be instructed that the railroad is liable if its negligence played any part, even the slightest, in contributing to the injured employee's damages. The Court's decision is consistent with the language of the FELA itself, which provides that the railroad is liable if its conduct caused the injury "in whole or in part." 45 U.S.C. § 51. The decision also recognizes and re-affirms the Court's decision in Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500  (1957).

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