Thompson Coburn LLP Wins Case in U.S. Supreme Court

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In a 9-0 decision in Norfolk Southern Railway Company v. Sorrell, the Supreme Court of the United States Wednesday ruled in favor of Thompson Coburn LLP client Norfolk Southern in a case that involved whether the Missouri Supreme Court's mandatory jury instructions accurately state the causation standards for comparative fault under the Federal Employer's Liability Act (FELA).

The Court agreed with Norfolk Southern's position that the Missouri instructions misstate the law, and that the same legal standard applies to railroad negligence as to contributory negligence by employees under FELA, the federal statute governing compensation for on-the-job injuries for railroad employees. The Supreme Court returned the case to Missouri courts for further proceedings.

David Dick, a partner in Thompson Coburn LLP's Railroad Litigation practice, developed the challenge to the Missouri jury instructions and handled the case through the Missouri court system. Supreme Court specialist Carter Phillips of Sidley Austin LLP of Washington, D.C. appeared for oral argument, his 52nd argument before the Supreme Court. David and Jim Erwin, a partner in the Firm's Appellate practice, worked on the briefing throughout the case, and David attended the oral argument at counsel table.