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Norfolk Southern Railway Company v. Michael Parsons

Paid petition · Appellate Court of Illinois, First District, No. 1-16-1384 · judgment August 25, 2017

Certiorari denied · October 1, 2018

Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the court below erred in holding—in conflict with the decisions of multiple other courts—that an inapplicable assumption of risk instruction does not constitute reversible error in a FELA case, even though giving the instruction in such a case undermines the railroad’s contributory negligence defense and frustrates the FELA’s fault apportionment scheme repeatedly recognized and enforced by this Court. (i)

Counsel of record

For petitioner
Carter G. Phillips
Sidley Austin LLP

For respondent
Neal Kumar Katyal
Milbank LLP

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Proceedings

Oct 01 2018
Petition DENIED.
Jun 13 2018
DISTRIBUTED for Conference of 9/24/2018.
Jun 08 2018
Reply of petitioner Norfolk Southern Railway Company filed.
May 30 2018
Brief of respondent Michael Parsons in opposition filed.
Apr 30 2018
Brief amici curiae of Association of American Railroads, et al. filed.
Apr 16 2018
Motion to extend the time to file a response is granted and the time is extended to and including May 30, 2018.
Apr 11 2018
Motion to extend the time to file a response from April 30, 2018 to May 30, 2018, submitted to The Clerk.
Mar 28 2018
Petition for a writ of certiorari filed. (Response due April 30, 2018)