Foster v. Chicago & North Western Transportation Co.

Although I concur in the results reached by the author of the opinion in this cause, it is my opinion that the courts have failed to adequately protect an injured worker’s prerogative to select a forum in suits filed under the Federal Employers’ Liability Act (FELA) (45 U.S.C. sec. 51 et seq. (1976)) and the Jones Act (46 U.S.C. sec. 688 (1976)). Both Federal statutes purport to grant an injured employee unlimited authority to select the forum for his suit against his employer.

Historically, this court has recognized that a litigant’s right to select a forum under both the FELA and the Jones…