Statutory Metaphysics IV - Does FELA Require Proof of Proximate Cause? - A Question of Adhesion or Disengagement

This article presents a 5-4 decision of the U.S. Supreme Court, "CSX Transportation, Inc. v. McBride", decided on June 23, 2011. A bare majority of the Court ruled that under the Federal Employers' Liability Act (FELA), it is not error to fail to instruct the jury that it must decide whether the railroad's negligence was the proximate cause of the employee's injury. The author discusses the case, the majority and dissenting opinions, and the implications of the decision.


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Filing Info

  • Accession Number: 01489811
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Aug 13 2013 4:51PM