Legal Opinion
Terry Boyd v. BNSF Railway Company
Court of Appeals of Minnesota
Decided December 29, 2014No. A14-277PublishedCited by 2 opinions
1Opinion of the Court
OPINION
HOOTEN, Judge.
In this appeal from a judgment in a Federal Employers’ Liability Act (FELA) action, appellant BNSF Railway Company challenges the district court’s award of costs and disbursements to respondent Terry Boyd, arguing that: (1) Minn. R. Civ. P. 68.03(b)(2), which permits enhanced costs based on the rejection of a settlement demand, is preempted by FELA; and (2) the district court abused its discretion by awarding certain expert costs. Because the Minnesota rule is not preempted by FELA and the district court acted within its discretion when awarding expert costs, we affirm.
FAC…
2Cases cited39 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- Hillsborough County v. Automated Medical Laboratories, Inc.Supreme Court of the United States · 1985
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Felder v. CaseySupreme Court of the United States · 1988
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3Cited by2 opinions
- Terry Boyd v. BNSF Railway CompanySupreme Court of Minnesota · 2016
- Terry Boyd v. BNSF Railway CompanySupreme Court of Minnesota · 2016