No. 22-225

Leopoldo Mendoza-Gomez v. Union Pacific Railroad Company, Individually and Successor-in-Interest to Southern Pacific Transportation Company

Lower Court: Fifth Circuit
Docketed: 2022-09-12
Status: Dismissed
Type: Paid
Tags: asbestos-exposure cancer disease-claims existing-controversy federal-employers-liability-act fela future-liability railroad-liability release statutory-interpretation
Key Terms:
Environmental SocialSecurity Securities Immigration LaborRelations
Latest Conference: N/A
Question Presented (AI Summary)

Whether a release of an 'existing controversy' that also purports to exempt a railroad from future liability for legally distinct claims for diseases that have not yet manifested violates 45 U.S.C. § 55 with respect to those future claims

Question Presented (OCR Extract)

QUESTION PRESENTED The Federal Employers’ Liability Act “FELA”), 45 U.S.C. § 51 et seq., expressly provides: 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 chapter, shall to that extent be void: w*E* 45 U.S.C. § 55. Despite this statutory language, this Court has held that railroads may settle claims and obtain a release from injured railroad workers “[w]here controversies exist as to whether there is liability, and if so for how much.” Callen uv. Pennsylvania R. Co., 332 U.S. 625, 631 (1948). The question presented is: Whether a release of an “existing controversy” that also purports to exempt a railroad from future liability for legally distinct claims for diseases that have not yet manifested violates 45 U.S.C. § 55 with respect to those future claims.

Docket Entries

2022-10-20
Petition Dismissed - Rule 46.
2022-10-03
Joint motion to dismiss the petition for a writ of certiorari pursuant to Rule 46 filed.
2022-09-07
2022-08-03
Application (22A85) granted by Justice Alito extending the time to file until September 7, 2022.
2022-07-28
Application (22A85) to extend the time to file a petition for a writ of certiorari from August 8, 2022 to October 6, 2022, submitted to Justice Alito.

Attorneys

Leopoldo Mendoza-Gomez
Earl Landers VickeryVickery & Shepherd, LLP, Petitioner