In Re Gregory Walberg and Evelyn Walberg v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “any device whatsoever” in 45 U.S.C. § 55 “refers only to any other creative agreements or arrangements the railroad might come up with to exempt itself from liability”
• Federal Employers Liability Act did not preempt railroad’s state‐law counterclaims against employees for prop‐ erty damage
• Phrase “[a]ny contract, rule, regulation, or device whatsoever” refers to “the legal instruments railroads used prior to the enactment of FELA to exempt themselves from liability.”
• Phrase “[a]ny contract, rule, regulation, or device whatsoever” refers to “the legal instruments railroads used prior to the enactment of FELA to exempt themselves from liability.”
• “It is settled law that FELA preempts state-law personal injury claims by injured railroad employees against their employers and creates a uniform federal law of liability in this field.”
• FELA did not preempt railroad’s counterclaim for property damages

Source: CourtListener parenthetical corpus (CC0).