Supreme Court of the United States
Csx Transportation, Inc. v. McBride — Roberts, J., Dissenting
June 23, 2011131 S. Ct. 2630
Summary
Justice Roberts, joined by Justices Scalia, Kennedy and Alito, dissents from the Court’s holding that the Federal Employers' Liability Act (FELA) eliminates the common‑law requirement of proximate cause. He argues that FELA, like other federal tort statutes, incorporates the traditional proximate‑cause limitation and that the majority’s “any negligence” test expands liability beyond what Congress intended. Accordingly, he maintains that plaintiffs must still show a direct causal relationship between the employer’s negligence and the injury.