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Csx Transp., Inc. Vs. Mcbride

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  • US Supreme Court
  • Jun 20, 2011

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70 entries 5 linked 65 unlinked
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  1. ibp, Inc. Vs. Alvarez US Supreme Court · Nov 08, 2005
  2. Consolidated Rail Corporation Vs. Gottshall US Supreme Court · Jun 24, 1994
  3. Urie Vs. Thompson US Supreme Court · May 31, 1949
  4. Norfolk Southern R. Co. Vs. Sorrell US Supreme Court · Jan 10, 2007
  5. Union Pacific R. Co. Vs. Huxoll US Supreme Court · Jan 21, 1918
  6. Syllabus October Term, 2010 Csx Transp., Inc. V. Mcbride
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  7. Instead, relying on Rogers v. Missouri
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  8. causation language, Urie v. Thompson
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  9. compared to that applicable in common-law tort litigation, Consolidated Rail Corporation v. Gottshall
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  10. proper so long as Rogers actually prescribes the causation definition applicable under FELA. See Patterson v. McLean
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  11. s concurrence in Norfolk Southern R. Co. v. Sorrell
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  12. CSX asks this Court to resurrect. The interpretation adopted today is informed by the statutory history, see Trainmen v. Virginia
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  13. ex rel. Virginia State Bar , 377 U. S. 1 , 3, the precedents on which Rogers drew, see, e.g., Coray v. Southern
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  14. s subsequent decisions, see, e.g., Ferguson v. Moore-McCormack
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  15. Gallick v. Baltimore
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  16. C. J., filed a dissenting opinion, in which Scalia, Kennedy, and Alito, JJ., joined. CSX Transp., Inc. v. McBride
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  17. Opinion of the Court Csx Transp., Inc. V. Mcbride
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  18. Supreme Court of the United States No. 10-235 Csx Transportation, Inc., Petitioner V. Robert
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  19. s decision in Rogers v. Missouri
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  20. F. 3d 388, 393, n. 3 (2010) (quoting Holmes v. Securities
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  21. prescribes the definition of causation applicable under FELA, that instruction was plainly proper. See Patterson v. McLean
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  22. Palsgraf v. Long
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  23. s concurring opinion in Norfolk Southern R. Co. v. Sorrell
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  24. surface, the court reasoned, the employee was at fault because of his lack of attention to the spreading fire. Rogers v. Thompson
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  25. for in-jured railroad workers. Trainmen v. Virginia
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  26. test, Rogers cited Coray v. Southern
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  27. s injury. See Ferguson v. Moore-McCormack
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  28. plurality opinion). A few years later, in Gallick v. Baltimore
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  29. See also Crane v. Cedar
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  30. Hilton v. South
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  31. scenarios. Indeed, judges would have no warrant to submit such cases to the jury. See Nicholson v. Erie
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  32. Moody v. Boston
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  33. some of our pre- Rogers decisions invoked common-law formulations of proximate cause. See, e.g. , Brady v. Southern
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  34. that CSX requested was drawn from Brady , which in turn relied on a pre-FELA case, Milwaukee & St. Paul R. Co. v. Kellogg
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  35. But other pre- Rogers FELA decisions invoked no common-law formulations. See, e.g. , Union Pacific R. Co. v. Huxoll
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  36. Coray v. South-
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  37. as the dissent urges would show scant respect for the principle of stare decisis . Footnote 5 See Moody v. Maine
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  38. Ulfik v. Metro-North
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  39. Hines v. Consolidated
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  40. Hernandez v. Trawler
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  41. Tyree v. New
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  42. Nordgren v. Burlington
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  43. Claar v. Burlington
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  44. Summers v. Missouri
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  45. Sea-Land Serv., Inc. , v. Sellan
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  46. Little v. National
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  47. Pressed on this point at oral argument, CSX directed us to two cases cited by its amicus . In Richards v. Consolidated
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  48. the Sixth Circuit sent the case to a jury. In Norfolk Southern R. Co. v. Schumpert
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  49. Oglesby v. Southern
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  50. s violation of a safety statute, however, is negligence per se . See Kernan v. American
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