The article presents information on railroad cases heard at the U.S. Supreme Court based on the Federal Employers' Liability Act (FELA) related to the negligence claims of railroad workers against the employers, with reference to the trial of CSX Transportation, Inc. v. McBride. The statutory common-law tort actions, proximate causation and the foreseeability test are discussed. The defensive relief for the railroad industry and the model jury instructions are also discussed.
Kyle W. Ubl,
The (Un)Foreseen Effects of Abrogating Proximate Causation in CSX Transportation, Inc. v. McBride: The New Role of Foreseeability under FELA and the Jones Act,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol87/iss5/16