Look at the Federal Employers' Liability Act in the Eighth Circuit, A
Sitzman, Karen D.
INTRODUCTION|Congress enacted the Federal Employers' Liability Act ("FELA" or the "Act") in 1906 in response to calls for reforms of the appalling working conditions endured by the nation's 1 million railroad employees. The Act provides for damage suits by employees for on-the-job injuries caused by the employer's negligence. The FELA eliminates the fellow-servant rule and substitutes comparative negligence for the common law defense of contributory negligence. In 1939, Congress amended the Act to eliminate the defense of assumption of risk, lengthen the statute of limitations to three years, and proscribe retaliatory acts against third persons providing information in an FELA suit. The Act preempts state common law and statutory remedies. Actions arising under the FELA may be brought in state or federal court, but an action brought in state court may not be removed to federal court by the defendant. If an action is commenced in state court, the court must apply federal substantive law but is free to apply the state's rules of procedure...
21 Creighton L. Rev. 1073 (1987-1988)
Creighton University School of Law