Oral arg. – Miss.S.Ct. – April 6, 2015

At 10:30 on Monday, April 6, 2015, the Miss.S.Ct. will hear Illinois Central R.R. v. Luther McLain.

Luther McLain worked doing welding for Illinois Central.  In 2004 he filed suit under FELA alleging he had suffered back injuries as a result of his work,  A Hinds County jury awarded him $150,000 and the railroad has appealed. McLain was sanctioned for $10,500 for perjury. McLain’s complaint alleged injury as a result of repetitive motion over time.  At trial,  his story changed to his having been injured when he tripped over trackside debris  sometime in the 1970s (contradicting his deposition testimony).  On cross examination, McLain admitted calling one of his witnesses, Cecil Coker, who worked with McLain at the railroad and later at Right of Way Consulting, and asked him to not mention that McLain was lifting 40 pound objects when working at Right of Way. Illinois Central raises twelve issues starting off with the argument that McLain’s case should have been dismissed because of his perjury and including a SOL argument, jury instruction issues, etc.

Illinois Central’s brief.

McLain’s brief.

Illinois Central’s rebuttal brief.

Watch the argument here.

Looks like this one will have some law on 1) when does the SOL begin to run as well as on 2)  sanctions for misconduct.

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