Co-authored by Ms Miriam R. Nemetz & Mr Andrew H. Schapiro
The Supreme Court granted certiorari in one case of potential interest to the business community. Amicus briefs in support of the petitioners are due on Wednesday, May 15, 2002, and amicus briefs in support of the respondent are due on Friday, June 14, 2002.
Federal Employers' Liability Act — Railroads — Emotional Distress Damages
— Apportionment of Damages. The Federal Employers' Liability Act ("FELA"), 45 U.S.C. §§ 51-60, provides a federal cause of action to railroad employees who are injured on the job as a result of their employer's negligence. Although FELA abrogates certain common-law barriers to recovery, it does not make railroads "insurers of the safety of [their] employees." Consolidated Rail Corp. v. Gottshall,
512 U.S. 532, 543 (1994). Instead, absent express statutory guidance, FELA incorporates common law negligence principles. See id. at 543-544. The Supreme Court has granted certiorari in Norfolk & Western
