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Involvement with CSX Transportation v. McBride Case

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The McBride case is probably the biggest, most important FELA case in the last half century. And a lawyer out of Missouri, a small firm, had a case and it got appealed all the way up to the US Supreme Court. And the issue was whether or not the specialized language that congress wanted for railroad workers to make it easier for them to recover was going to continue on or not. So what all the lawyers that practice FELA law did was we got together and decided we wanted to write a brief to support the decision to keep things the way they were. Now all these lawyers are competitors of mine but we all went to a meeting and the lawyers all voted to have me represent our lawyer group in appealing to the US Supreme Court.

So my firm put together what’s called an amicus brief, which is a brief to the United States Supreme Court and if you look carefully on there you’ll see William Jungbauer, council of record cause I’m admitted to the Supreme Court and we put that together. And behind me, there’s actually a painting that was done of that hearing that you may be able to get a picture of that shows the full US Supreme Court at that hearing. And I was there sitting up front watching it all occur and most importantly, the court quoted twice from our brief in the opinion that sustained the rights of all the railroad workers. And normally amicus briefs are never even mentioned in court opinions, so that’s a big honor that that occurred. But our association did that and frankly, it’s a big honor that all the other lawyers in the country wanted me to represent our group on this issue.

Saint Paul railroad employee injury attorney William Jungbauer discusses his involvement in an important railroad case.

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