No. 19-1440

Melvin Ammons, et al. v. Wisconsin Central, Ltd.

Lower Court: Illinois
Docketed: 2020-06-30
Status: Denied
Type: Paid
Amici (2)Response Waived
Tags: comparative-negligence counterclaim federal-employers-liability-act fela fela-liability property-damage railroad-liability setoff statutory-interpretation statutory-limitations void-device
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. When a railroad files a counterclaim for property damage in an injured employee's FELA action to purposely or intentionally evade FELA liability to the employee, is the counterclaim a void device under Sections Five and/or Ten of the FELA, 45 U.S.C. §§ 55 and 60, as the Washington Supreme Court has held; or is it not as the Illinois Supreme Court held below?

2. When a railroad files a counterclaim for property damage in an injured employee's FELA action, does the counterclaim violate the statutory limitations on comparative negligence found in Sections Three and Four (a) of the FELA, 45 U.S.C. §§ 53 and 54a?

3. When a railroad files a counterclaim for property damage in an injured employee's FELA action, is the railroad seeking an impermissible setoff under the proviso in Section Five of the FELA, 45 U.S.C. § 55?

Question Presented (AI Summary)

When a railroad files a counterclaim for property damage in an injured employee's FELA action, is the counterclaim void or does it violate statutory limitations?

Docket Entries

2020-10-05
Motion for leave to file amici brief filed by The Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. GRANTED.
2020-10-05
Petition DENIED.
2020-07-30
Motion for leave to file amici brief filed by The Sheet Metal, Air, Rail Transportation Workers-Transportation Division, et al. (Distributed)
2020-07-15
DISTRIBUTED for Conference of 9/29/2020.
2020-07-13
Waiver of right of respondent Wisconsin Central, Ltd. to respond filed.
2020-06-25
Petition for a writ of certiorari filed. (Response due July 30, 2020)

Attorneys

Melvin Ammons, et al.
David E. RapoportRapoport Weisberg & Sims, P.C., Petitioner
Sheet Metal, Air, Rail Transportation Workers, the Brotherhood of Locomotive Engineeers and Trainmen, and the Academy of Rail Lbor Attorneys
Lawrence Moses MannAlper & Mann, PC, Amicus
Wisconsin Central, Ltd.
Kevin Michael FordeForde & O'Meara LLP, Respondent