FELA Adjustment is Unwarranted, says AAR

AAR believes that a FELA adjustment is unwarranted because it bestows on rail labor the ability to receive two payments in exchange for the right to bring civil lawsuits.

While rail labor asserts that FELA is a workers’ compensation right which their members should not be required to forego, the fact is that regardless of how many asbestos defendants they may sue in addition to the employing railroad, under the tort system, plaintiffs are entitled to only one full recovery for an injury. This is a fundamental principle in tort law.

See RESTATEMENT (SECOND) OF TORTS §885(3) (1979), and one which applies with respect to actions brought under FELA. See In re Asbestos Litigation, 638 F. Supp. 107, 115 (W.D. Va. 1986)(Restatement of Torts "is the proper measure in a FELA case."); Lucht v. Chesapeake & Ohio Ry., 489 F. Supp. 189, 191 (W.D. Mich. 1980).

If a FELA asbestos plaintiff also sues other defendants (e.g., asbestos manufacturers), the plaintiff is not entitled to collect multiple full recoveries. Any settlement with some defendants is offset against a FELA judgment.

Courtesy of U.S. Committee on the Judiciary

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AAR's Response

AAR claims that the FELA adjustment was unwarranted.What do you think?
Read more about AAR's claims that the FELA adjustment was unwarranted.

Elements of Change

Read about the important elements of FELA asbestos litigation.
Learn more about the important elements of FELA asbestos litigation.

Transfer of Asbestos Claims

Legislation that involves the transfer of asbestos claims: The Rules
The rules re:legislation involving the transfer of asbestos claims

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