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36 Tul. Mar L.J. 397 (2011-2012)
Causation Issues in FELA and Jones Act Cases in the Wake of McBride

handle is hein.journals/tulmar36 and id is 403 raw text is: Causation Issues in FELA and Jones Act Cases in the Wake of McBide David W Robertson* I. INTRODUCTION: FELA-JONES RELATIONSHIP; FELA SECTION 1; ROGERS, MCBRIDE............... ......... 397 II. THE COMMON LAW UNDERPINNINGS OF FELA AND JONES: THREE OFTEN-OVERLOOKED FEATURES OF THE COMMON LAW OF NEGLIGENCE ........................ ........ 400 A. Thumbnail Sketch of the Plaintiff's Prima Fade Case in Negligence. ..........................400 B. The Three ORen-Overlooked Features... .........402 III. THE JUSTICES' OPINIONs IN SORRELL AND McBRIDE.................... 404 IV. IN-DEPTH ANALYSIS OF THE COURT'S OPINION IN MCBRIDE........ 409 A. Facts, Lower Court Holdings, Gist of Supreme Court Decision. ............................. 409 B. In Search of the Precise Causation Standard Approved in McBride..............................411 1. A Range of Purely Theoretical Possibilities.................. 411 2. Weeding Out the Implausible Interpretations ............... 412 3. The Arguments for and Against Interpretation #2........415 4. Interpretation #3 Looks Like It; Translating #3 into Coherent Legal Doctrine .................. 417 V. Is McBRIDEAN IMPORTANT WIN FOR FELA AND JONES ACT PLAINTIFFS? ...................................... 420 VI. POSTSCRIPT: FELA/JONES ACT CAUSATION ISSUES THAT ARE NOT DIRECTLY AFFECTED BY MCBRIDE ......... ......... 421 I. INTRODUCTION: FELA-JONES RELATIONSHIP; FELA SECTION 1; ROGERS; MCBRIDE The Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51-60, was enacted in 1908 to provide railway workers with a federal cause of action against their employers for negligently inflicted workplace injuries and illness. In 1920, the Jones Act, 46 U.S.C. § 30104, followed suit, * C 2012 David W Robertson. W Page Keeton Chair in Tort Law and University Distinguished Teaching Professor, University of Texas. 397

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