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 Wednesday, January 10, 2007 |
Supreme Court rules in railroad negligence case
Jeannie Shawl at 12:46 PM ET
[JURIST] The US Supreme Court [official website; JURIST news archive] ruled Wednesday that the causation standard for railroad negligence under the Federal Employers Liability Act [45 USC 51-60 text] is the same as that for employee contributory negligence under the Act. In Norfolk Southern v. Sorrell [Duke Law case backgrounder], an employee of the railroad sued for injuries suffered and was awarded $1.5 million in damages. The railroad disputed jury instructions used at trial, arguing that the standard used to determine the railroad's negligence was "much more exacting" than the standard used for employee contributory negligence. The Supreme Court vacated the state appeals court decision and remanded the case for further proceedings.
Read the Court's opinion [text] per Chief Justice Roberts, along with a concurrence [text] from Justice Souter and a second concurrence [text] from Justice Ginsburg. AP has more.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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