Legal Opinion
Carver v. Consolidated Rail Corp.
District Court, E.D. Pennsylvania
Decided December 27, 1984No. Civ. A. 83-2309PublishedCited by 5 opinions
1Opinion of the Court
OPINION
LUONGO, Chief Judge.
Plaintiff brought this action pursuant to the Federal Employers’ Liability Act (FELA), 45 U.S.C. § 51 et seq. At trial, liability was conceded and the jury awarded plaintiff damages amounting to $8,660.00. Plaintiff now moves under Pa.R.Civ.P. 238 1 for prejudgment interest in the amount of $902.00. Because I conclude that Rule 238 should not apply in an FELA suit, I will deny the motion.
The availability of interest in an action arising under a federal statute is governed by federal law, not the law of the forum state. See Norfolk & Western Railway Co. v. Liepelt,…
2Cases cited16 opinions
- Norfolk & Western Railway Co. v. LiepeltSupreme Court of the United States · 1980
- Rodgers v. United StatesSupreme Court of the United States · 1947
- Jarvis v. JohnsonCourt of Appeals for the Third Circuit · 1982
- Arnold v. Panhandle & Santa Fe Railway Co.Supreme Court of the United States · 1957
- Louisiana & Arkansas Ry. Co. v. PrattCourt of Appeals for the Fifth Circuit · 1944
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Savarese v. AgrissCourt of Appeals for the Third Circuit · 1989
- Poleto v. Consolidated Rail Corp.Court of Appeals for the Third Circuit · 1987
- Sunclipse, Inc. v. Butcher (In Re Butcher)United States Bankruptcy Court, C.D. California · 1996
- Charles E. Poleto, Appellee/cross-Appellant v. Consolidated Rail Corporation, Appellant/cross-Appellee v. Hammermill Paper Company v. A.E. Staley Manufacturing Co. And the Baltimore & Ohio Railroad CompanyCourt of Appeals for the Third Circuit · 1987
- Carmouche v. Southern Pacific Transportation Co., Texas Court of Appeals, 1st District (Houston)1987