Union Pacific Railroad Company v. William Nami

The Court concludes that under substantive federal law, which controls in this Federal Employers’ Liability Act (FELA) action, the ferae naturae doctrine was not part of the comparative negligence balancing entrusted to the jury, but rather that it completely negated Union Pacific’s duty to use reasonable care to provide a safe workplace. I respectfully dissent, .

I. FELA and Ferae Naturae A. FELA. Congress enacted FELA in 1908 to address a perceived imbalance in the human costs borne by railroads and their employees. Consol. Rail Corp. v. Gottshall, 512 U.S. 532, 542, 114 S.Ct. 2896, 129…