When a railroad files a counterclaim for property damage in an injured employee's FELA action, is the counterclaim void or does it violate statutory limitations?

QUESTIONS PRESENTED Section 5 of the Federal Employers Liability Act, 45 U.S.C. § 55, states: Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act shall to that extent be void... The questions presented are: 1. When arailroad files a counterclaim for property damage in an injured employee’s FELA action to purposely or intentionally evade FELA liability to the employee, is the counterclaim a void device under Sections Five and/or Ten of the FELA, 45 U.S.C. §§ 55 and 60, as the Washington Supreme Court has held; or is it not as the Illinois Supreme Court held below? 2. Whenarailroad files a counterclaim for property damage in an injured employee’s FELA action, does the counterclaim violate the statutory limitations on comparative negligence found in Sections Three and Four (a) of the FELA, 45 U.S.C. §§ 53 and 54a? 3. Whenarailroad files a counterclaim for property damage in an injured employee’s FELA action, is the railroad seeking an impermissible setoff under the proviso in Section Five of the FELA, 45 U.S.C. § 55? u RELATED CASES STATEMENT ¢ Melvin Ammons et al. v. Canadian National Railway Company et al., Case No. 124454, Illinois Supreme Court, judgment entered December 19, 2019, rehearing denied January 27, 2020. ¢ Ammons v. Canadian National Railway Company, Case Nos. 1-17-2648 and 1-17-3205 (consolidated), Appellate Court of Illinois First District, First Division, judgment entered December 17, 2018. ¢ Melvin Ammons v. Canadian National Railway Co. and Wisconsin Central, Ltd., Case No., 15 L 1324, Circuit Court of Cook County, Law Division, judgment entered October 17, 2017, certified for immediate appeal December 14, 2017. ¢ Darrin Riley v. Wisconsin Central, Ltd., Case No., 16 L 4680, Circuit Court of Cook County, Law Division, judgment entered October 17, 2017, certified for immediate appeal December 14, 2017.