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.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/31144651
• Authors:
  • Bromley, James F
• Publication Date: 2013

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 98-117
• Serial:
  • Journal of Transportation Law, Logistics and Policy
  • Volume: 80
  • Issue Number: 2
  • Publisher: Association for Transportation Law, Logistics and Policy
  • ISSN: 1078-5906
  • Serial URL: http://www.atlp.org/journal.html

Subject/Index Terms

• TRT Terms: Court decisions; Injury causes; Legal responsibility; Liability; Negligence; Railroad law; Railroad safety; Working conditions
• Identifier Terms: Federal Employers Liability Act; U.S. Supreme Court
• Geographic Terms: United States
• Subject Areas: Law; Railroads; I10: Economics and Administration;

Filing Info

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