CSX Transportation Inc. v. McBride, 131 S. Ct. 2630 (2011) McBride v. CSX Transportation, Inc., 598 F.3d 388, 611 F.3d 316 (7th Cir. 2010)

A railroad worker was injured on the job, sued his employer under the Federal Employers’ Liability Act, 45 U.S.C. § 51, and obtained a jury’s verdict and a judgment for his damages.  The railroad appealed.  It challenged the causation test that had been established for FELA cases in Rogers v. Missouri Pacific Railroad Co., 352 U.S. 500 (1957), and raised other case-specific claims of error.  The railroad industry had been challenging the causation test articulated in the Rogers opinion for more than 50 years.  After the Court of Appeals affirmed the judgment of the District Court in the McBride case, the railroad persuaded the Supreme Court to issue a writ of certiorari and reconsider the issue.  The Supreme Court affirmed the judgment of the Court of Appeals.  Michael Gross was co-counsel for the plaintiff in the Court of Appeals and the Supreme Court.

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