FELA exclusivity
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 234 U.S. 86 - Wabash Railroad v. Hayes · 1914Most cited · 162 citing opinions
interstate commerce
Had the injury occurred in interstate commerce, as was alleged, the Federal act undoubtedly would have been controlling, and a recovery could not have been had under the common or statute law of the state; in other words, the Federal act would have been exclusive in its operation, not merely cumulative. On the other hand, if the injury occurred outside of interstate commerce, the Federal act was without application, and the law of the state was controlling.
How often courts cite the cases defining “FELA exclusivity”
Court decisions citing the 2 opinions that defined “FELA exclusivity” — 303 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1914–1917
- 1917·244 U.S. 360 - New York Central Hudson River Railroad Company v. Michael Tonsellito[p3]· cited 141×
The act 'is comprehensive and also exclusive' in respect of a railroad's liability for injuries suffered by its employees while engaging in interstate commerce... Congress having declared when, how far, and to whom carriers shall be liable on account of accidents in the specified class, such liability can neither be extended nor abridged by common or statutory laws of the state.
state common-law parent claim