Silas E. Counts v. Burlington Northern Railroad Company
Court of Appeals for the Ninth Circuit
1Opinion of the Court
T.G. NELSON, Circuit Judge:
Burlington Northern Railroad Company (Burlington) appeals from an amended judgment of $320,450 in favor of former Burlington employee Silas Counts, following a bifurcated jury trial of Counts’ claims under the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51-60. Burlington appeals on grounds that Counts’ theories for invalidating a release he entered into with Burlington were unprecedented or insufficient as a matter of law, and that Counts was allowed to use a jury that was tainted by prejudicial evidence from Burlington’s claims file to determine damages.…
2Cases cited20 opinions
- City of St. Louis v. PraprotnikSupreme Court of the United States · 1988
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Dice v. Akron, Canton & Youngstown RailroadSupreme Court of the United States · 1952
- Landes Construction Co., Inc., Plaintiff-Appellee/cross-Appellant v. Royal Bank of Canada, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Callen v. Pennsylvania RailroadSupreme Court of the United States · 1948
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3Cited by15 opinions
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- Gillespie v. Sears, Roebuck & Co.Court of Appeals for the First Circuit · 2004
- Knapp v. Ernst & WhinneyCourt of Appeals for the Ninth Circuit · 1996
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