A New York FELA Lawyer’s Look at a Pending Supreme Court Case

On March 28, 2011, the United States Supreme Court heard oral arguments in a case that could significantly change the causation rule in the Federal Employers Liability Act (FELA) for the first time this century. As a New York FELA lawyer, I am watching the Supreme Court's actions closely so as to best advise my clients.

The arguments heard in CSX Transportation v. McBride raise the important issue of whether FELA requires a plaintiff to prove proximate cause in order to recover damages or whether the plaintiff is only required to show that the defendant played some role in causing the injury.

The District Court and the 7th Circuit Court of Appeals both concluded that FELA does not require proximate cause in order for a plaintiff to recover damages. It is the railroad company, CSX Transportation, that appealed the ruling to the Supreme Court.

The Supreme Court's ruling in this case will be significant for injured railroad workers around the country, including here in New York. As the law continues to evolve through court decisions, I will continue to zealously represent injured railroad workers and to fight for their just recovery.

If you have been hurt, please call a New York FELA attorney at 1-800-362-9329 for more information about your rights.