Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
6 Virginia opinions name it 3 courts 1994–2017 0 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Nogueira v. New York, New Haven & Hartford Railroadgreen2 sentences2014RR., 281 U.S. 128, 137 (1930) (affirming dismissal of employee’s FELA claim and holding that “[t]he [LHWCA] expressly provides that liability thereunder shall be exclusive and in place of all other liability of such employer to the employee, his legal representative ... at law or in admiralty.”) (internal citations omitted); Schwalb, 493 U.S. 40, 42 (“If respondents’ injuries are covered by the [LHWCA], the remedy provided by that Act is exclusive and resort may not be had to [FELA], which provides a negligence cause of action for railroad employées.”) (internal quotations omitted). 2014RR., 281 U.S. 128, 137 (1930) (affirming dismissal of employee’s FELA claim and holding that “[t]he [LHWCA] expressly provides that liability thereunder shall be exclusive and in place of all other liability of such employer to the employee, his legal representative ... at law or in admiralty.”) (internal citations omitted); Schwalb, 493 U.S. 40, 42 (“If respondents’ injuries are covered by the [LHWCA], the remedy provided by that Act is exclusive and resort may not be had to [FELA], which provides a negligence cause of action for railroad employées.”) (internal quotations omitted). | 1 | 1 |
Pennsylvania Railroad v. O'Rourkegreen1 sentence2014Pennsylvania RR. v. O’Rourke, 344 U.S. 334, 338 (1953) (dismissing employee’s FELA claim, and holding that “[t]he later Harbor Workers’Act... covered such injuries on navigable water and made its coverage exclusive.”); Nogueira v. New York, N.H. & H. | 1 | 1 |
Chesapeake & Ohio Railway Co. v. Schwalbgreen2 sentences2014RR., 281 U.S. 128, 137 (1930) (affirming dismissal of employee’s FELA claim and holding that “[t]he [LHWCA] expressly provides that liability thereunder shall be exclusive and in place of all other liability of such employer to the employee, his legal representative ... at law or in admiralty.”) (internal citations omitted); Schwalb, 493 U.S. 40, 42 (“If respondents’ injuries are covered by the [LHWCA], the remedy provided by that Act is exclusive and resort may not be had to [FELA], which provides a negligence cause of action for railroad employées.”) (internal quotations omitted). 2014RR., 281 U.S. 128, 137 (1930) (affirming dismissal of employee’s FELA claim and holding that “[t]he [LHWCA] expressly provides that liability thereunder shall be exclusive and in place of all other liability of such employer to the employee, his legal representative ... at law or in admiralty.”) (internal citations omitted); Schwalb, 493 U.S. 40, 42 (“If respondents’ injuries are covered by the [LHWCA], the remedy provided by that Act is exclusive and resort may not be had to [FELA], which provides a negligence cause of action for railroad employées.”) (internal quotations omitted). | 1 | 1 |
Morrisette v. WARDEN OF SUSSEX Igreen2 sentences2010Morrisette v. Warden, 270 Va. 188, 192-93 , 613 S.E.2d 551, 556-57 (2005). [2] Referencing both the substantive/procedural distinction and the outcome determinative test, the Alabama Supreme Court concluded that a FELA claim brought in an Alabama court was subject to a state rule of repose, thereby barring recovery in that case. 2010Morrisette v. Warden, 270 Va. 188, 192-93 , 613 S.E.2d 551, 556-57 (2005). [2] Referencing both the substantive/procedural distinction and the outcome determinative test, the Alabama Supreme Court concluded that a FELA claim brought in an Alabama court was subject to a state rule of repose, thereby barring recovery in that case. | 1 | 1 |
Norfolk & Western Railway Co. v. Johnsongreen2 sentences2005Norfolk & Western Ry. v. Johnson, 251 Va. 37, 43 , 465 S.E.2d 800, 805 (1996). 2005Norfolk & Western Ry. v. Johnson, 251 Va. 37, 43 , 465 S.E.2d 800, 805 (1996). | 1 | 1 |
Gallick v. Baltimore & Ohio Railroadgreen1 sentence2003See Gallick v. Baltimore & Ohio R.R., 372 U.S. 108, 120-21 (1963). | 1 | 1 |
Norfolk Southern Railway Co. v. Trimiewgreen2 sentences2003Norfolk S. Ry. v. Trimiew, 253 Va. 22, 24 , 480 S.E.2d 104, 106 (1997). 2003Norfolk S. Ry. v. Trimiew, 253 Va. 22, 24 , 480 S.E.2d 104, 106 (1997). | 1 | 1 |
Chesapeake & Ohio Railway Co. v. Kellygreen1 sentence1994Upon request, a FELA defendant is entitled to an instruction that “when future payments or other pecuniary benefits are to be anticipated, the verdict should be made up on the basis of their present value only.” Chesapeake & Ohio Ry. v. Kelly, 241 U.S. 485, 491 (1916). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
St. Louis Southwestern Railway Co. v. Dickerson
green
2 sentences2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 | 2 | 1994–2010 |
Philadelphia, Baltimore & Washington Railroad v. Schubert
green
2 sentences2017Id. at 607-08 , 32 S.Ct. 589 . 2017Id. at 607-08 , 32 S.Ct. 589 . | 1 | 2017–2017 |
Duncan v. Thompson
green
2 sentences2017Id. 2017Id. | 1 | 2017–2017 |
Antoinette Y. Etheridge v. Norfolk & Western Railway Company
green
2 sentences2014That decision affirmed the dismissal of a FELA claim because of the exclusivity provision: “the LHWCA provides the exclusive remedy to covered employees and prevents those employees from suing their employer in tort.” Id. at 1089 . 2014That decision affirmed the dismissal of a FELA claim because of the exclusivity provision: “the LHWCA provides the exclusive remedy to covered employees and prevents those employees from suing their employer in tort.” Id. at 1089 . | 1 | 2014–2014 |
cluster 351012
green
1 sentence2014Bynum cites the Fourth Circuit case of Conti v. Norfolk & Western Ry., 566 F.2d 890 , 895 (4th Cir. 1977), as his authority that Congress did not intend to transfer claims of railroad workers from FELA to the LHWCA. | 1 | 2014–2014 |
Illinois Cent. Gulf RR Co. v. Price
green
2 sentences2010Price, 539 So.2d at 205-07 . 2010Price, 539 So.2d at 205-07 . | 1 | 2010–2010 |
Chesapeake & Ohio Railway Co. v. Kuhn
green
2 sentences2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 | 1 | 2010–2010 |
Dice v. Akron, Canton & Youngstown Railroad
green
2 sentences2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 | 1 | 2010–2010 |
Brown v. Western R. Co. of Ala.
green
2 sentences2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 2010While distinguishing "substance" from "procedure" is often difficult, see Brown v. Western Ry. of Ala., 338 U.S. 294, 296 , 70 S.Ct. 105 , 94 L.Ed. 100 (1949), issues found to be substantive, i.e., to affect the "rights and obligations" of the parties, and thus governed by federal law, include those involving whether a complaint was legally sufficient to state a cause of action under FELA, id. at 296 , 70 S.Ct. 105 ; whether a plaintiff is entitled to a jury trial on a question of fact under FELA, Dice, 342 U.S. at 363 , 72 S.Ct. 312 ; which defenses apply to a FELA claim, Kuhn, 284 U.S. at 46 | 1 | 2010–2010 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.