Section 22.9 Federal vs. State Laws
| Library | Tort Law 2016 |
2. (§22.9) Federal vs. State Laws
In every FELA case, suit can be brought either in state or federal court. FELA provides for concurrent jurisdiction between federal and state courts, and an action filed against a railroad in state court is not removable to federal court. 45 U.S.C. § 56; 28 U.S.C. § 1445(a).
FELA supersedes state laws and is the exclusive remedy relating to the liability of an interstate rail carrier for injuries to employees engaged in interstate commerce. As such, FELA supersedes state...
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