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A Nice Decision for Injured BNSF Workers

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  • nsrlink
    Thanks for this post. I'm glad to hear this practice hasn't been altered (yet any way!)

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    started a topic A Nice Decision for Injured BNSF Workers

    A Nice Decision for Injured BNSF Workers

    With tort reform, or Tort Deform as I like to call it, the availability of finding the best venue for the injured party has ben legislatively and jurisprudentially diminished over the last 25 years. Because FELA is a law that has been untouched since 1908 by Congress [thankfully and basically because Congress cannot even agree when to go to the bathroom!], the narrowning of "where can I bring my case?" has been left mainly to state courts and state legislatures. This narrowing of your rights has been 100% performed by Republican controlled state legislatures and Republican controlledstate Supreme Courts [not taking political sides here just stating the facts]. The below decision by the Montana Supreme Court preserves a BNSF FELA claimant's rights to choose Montana if he or she chooses to do so no matter where they reside or where their injury occurred. This is how it should be under FELA and chalk one-up for the hurt person!