| 22-225 |
Leopoldo Mendoza-Gomez v. Union Pacific Railroad Company, Individually and Successor-in-Interest to Southern Pacific Transportation Company |
Fifth Circuit |
2022-09-12 |
Dismissed |
|
asbestos-exposure cancer disease-claims existing-controversy federal-employers-liability-act fela future-liability railroad-liability release statutory-interpretation |
Whether a release of an 'existing controversy' that also purports to exempt a railroad from future liability for legally distinct claims for diseases … |
| 21-270 |
BNSF Railway Company v. Robert Dannels |
Montana |
2021-08-25 |
Denied |
Amici (2)Response RequestedResponse WaivedRelisted (2) |
federal-employers-liability-act non-frivolous-defenses preemption railroad-liability settlement settlement-obligations state-law-claims state-law-duties unfair-settlement-practices uniform-federal-framework |
Whether FELA preempts state-law duties that require a defendant to settle and pay FELA claims even when the defendant has non-frivolous defenses to li… |
| 20-807 |
Bradley LeDure v. Union Pacific Railroad Company |
Seventh Circuit |
2020-12-15 |
Judgment Issued |
CVSGAmici (6)Response RequestedResponse WaivedRelisted (3) |
circuit-split federal-employers-liability-act foreseeability in-use interstate-commerce locomotive-inspection-act negligence-per-se railroad-liability safety-regulation statutory-interpretation |
Whether a locomotive is in use on a railroad's line and subject to the LIA and its safety regulations |
| 20-282 |
Sheldon Carmon v. CSX Transportation, Inc. |
Sixth Circuit |
2020-09-03 |
Denied |
Response Waived |
appellate-review civil-procedure civil-rights due-process federal-employers-liability-act notice-of-dangerous-condition railroad-liability summary-judgment witness-credibility |
Whether summary judgment was properly granted in a Federal Employers' Liability Act case |
| 19-1440 |
Melvin Ammons, et al. v. Wisconsin Central, Ltd. |
Illinois |
2020-06-30 |
Denied |
Amici (2)Response Waived |
comparative-negligence counterclaim federal-employers-liability-act fela fela-liability property-damage railroad-liability setoff statutory-interpretation statutory-limitations void-device |
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 l… |
| 18-1367 |
Norfolk Southern Railway Company v. Mark A. Sumner |
Virginia |
2019-04-30 |
Denied |
Response RequestedResponse WaivedRelisted (2) |
burden-of-proof but-for-causation but-for-cause causation civil-procedure common-law employee-injury federal-employers-liability-act federal-employers-liability-act-fela fela negligence proximate-cause railroad-liability |
Whether FELA permits liability when the plaintiff cannot meet the common-law standard of proof for but-for causation |
| 18-1246 |
BNSF Railway Company, et al. v. Montana Eighth Judicial District Court, Cascade County, et al. |
Montana |
2019-03-26 |
Dismissed |
Amici (2) |
bad-faith bad-faith-claims federal-framework federal-preemption fela fela-preemption litigation-conduct railroad-liability self-insured-employer state-law-liability |
Whether FELA preempts bad-faith claims under Montana law that seek to impose state-law liability based on the litigation conduct of a self-insured emp… |