Railroad Workers in Montana – Injured Non-Resident Workers Can Sue State
In Montana, injured rail workers can sue their employer for injuries that occurred in other states, the Montana Supreme Court ruled in late May 2016. In fact, railroad workers don’t even have to be a Montana state resident in order to file a lawsuit for injuries that occurred outside of the state.
Although FELA, the Federal Employer’s Liability Act, was originally enacted to provide certain protections for railroad workers, including the ability to file out-state lawsuits against companies that do business in a specific state, a recent Montana Supreme Court ruling took that support a step further by providing greater legal plasticity for Montana railroad worker residents and non-residents to file injury claims. While some would say that such a measure equates with the practice of forum shopping, where plaintiffs select a location (country, state, county, judge, etc.) they believe the court will rule in their favor, the ruling and the flexibility it affords are currently still in place. [Read more…]