Standard of Causation

| Standard of Causation in FELA Case CSX Transportation Inc. v McBride

In March of 2011, the railroads attempted to change the standard of causation which had been followed since the holding of the U.S. Supreme Court in Rogers v Missouri Pacific Railroad Company. 352 U.S.500 (1957).

This FELA case was argued before the United States Supreme Court. On June 23, 2011, the Court, in a 5-4 decision, resoundingly denied the railroad’s attempt to change the playing field and stack the deck against the injured worker. This was a major victory for railroaders across the country.

Learn More | Legal Summary of the McBride Case

The Federal Employers’ Liability Act (FELA)

is “a response to the special needs of railroad workers who are daily exposed to the risks inherent in railroad work and are helpless to provide adequately for their own safety.” (356 U.S. 326, Supreme Court of the United States)

| Awards and Accreditations

Best Personal Injury Attorneys

Patrick S. O’Brien has been recognized by Best Lawyers® as a Best Personal Injury Attorney 2000-2023

5 Star Rated

He has consistently received a 5.0 out of 5, the highest possible rating for professional ethics and legal ability awarded by the organization's peer review rating system.

AV® Preeminent™

Patrick S. O’Brien has been designated an AV® Preeminent™ Peer Review Rated attorney by Martindale-Hubbell annually since 1995.

Best Lawyer & Best Law Firm

He is also proud to have been selected a “Best Lawyer” in America for Railroad Law 2013-2023. His Law Offices of Patrick S. O’Brien, LLC has been selected as a “Best Law Firm” in America in 2014, 2015, 2016, 2017 and 2018.

Avvo

Patrick is proud to have attained a 10.0 (superb) rating from Avvo.com.