Resolving Federal Employers’ Liability Act (FELA) and Jones Act Cases by Mediation
Course Description:
The Federal Employers' Liability Act (FELA) and the Jones Act provide essential legal protections for railroad and maritime employees, respectively. Understanding these laws is crucial for attorneys handling mediations in these industries.
This CLE will provide an introductory overview of FELA and the Jones Act, focusing on eligibility, causes of action, defenses, and damages under each statute. Participants will gain foundational knowledge of how these laws apply to workplace injuries and employer liability, as well as key distinctions between FELA and the Jones Act.
Learning Objectives:
- Understand the scope and applicability of FELA and the Jones Act.
- Identify causes of action available to injured employees under each statute.
- Recognize employer defenses and limitations on liability.
- Discuss the impact of contributory fault and damages calculations.
- Learn key procedural considerations, including jurisdiction and filing requirements.
Agenda
I. Introduction to FELA and the Jones Act
- Purpose and history of FELA (45 U.S.C. § 51) and the Jones Act (46 U.S.C. § 688).
- Importance of these laws in protecting railroad and maritime employees.
- Key distinctions between FELA and traditional workers’ compensation.
II. Understanding FELA
- Who is covered?
- Where can cases be filed?
- Causes of action:
- Railroad negligence.
- Safety violations (e.g., **Safety Appliance Act, Locomotive Inspection Act, OSHA regulations**).
- Defenses available to railroads:
- Sole cause of injury, contributory fault, lack of notice, etc.
- Damages: No punitive damages, duty to mitigate.
III. Understanding the Jones Act
- Who is covered? Defining “seaman” under maritime law.
- Where can cases be filed?
- Causes of action:
-
- Employer negligence.
- Warranty of seaworthiness.
- No in rem jurisdiction against the vessel.
- Defenses available to employers:
- Lack of employer-employee relationship, causation issues, contributory fault.
- Damages and additional remedies: Maintenance and cure obligations.
IV. Comparative Analysis: FELA vs. the Jones Act
- Similarities in legal frameworks (FELA adopted into the Jones Act).
- Differences in applicable defenses and damages calculations.
- Practical implications for litigators and mediators.
V. Conclusion and Best Practices
- Key takeaways for attorneys handling FELA and Jones Act cases.
- Considerations for mediation and settlement negotiations.
Originally recorded October 29, 2024.
Web broadcasts available on-demand are not accredited in Missouri and may only be utilized by lawyers for self-study. Up to six self-study hours may be reported by lawyers in one compliance year and may not include ethics or diversity, inclusion, cultural competency or explicit and implicit bias credit.
