11-2173 Lynch v. Northeast Regional Commuter Railroad Corp.

2011AP398 Dalka v. Wisconsin Central, Ltd.

The justices of the U.S. Supreme Court are set to decide whether a state law tort suit involving a railroad worker who died from on-the-job asbestos exposure is preempted by a federal railroad inspection law.

Torts FELA; negligence

Employment FELA; causation; expert testimony The district court properly excluded the testimony of an ergonomist and treating physicians to prove that a railroad employee’s cumulative trauma disorders were caused by the railroad’s negligence. “[T]he ergonomist could testify as an expert about how dangerous the railroad yard’s conditions were, but that does not mean he is qualified to testify about what ...