Budd v. Norfolk Southern Ry. Co.

By Judge John R. Doyle, III

This matter comes before the Court on Defendant, Norfolk Southern Railway Company’s Motion To Dismiss for Forum Non Conveniens pursuant to the provisions of Virginia Code § 8.01-265.

Under the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 56, the estate of the railroad employee may bring its action in either a federal court or a state court. In FELA actions brought in the federal district courts, motions for transfer of venue under forum non conveniens are governed by the federal statute and associated case law. The Commonwealth of Virginia has its own venue…