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Another data point on that pro-business Supreme Court

In CSX Transp. v. McBride, Justice Thomas joined the four justices from the liberal wing of the Court to agree to a broad plaintiff-friendly interpretation of the Federal Employers' Liability Act and whether it required a showing of proximate causation before liability would be imposed, in an opinion written by Justice Ginsburg. Chief Justice Roberts wrote a dissent, arguing that the majority opinion was confusing language abrogating contributory negligence with a diversion from the common-law principle of proximate cause. "[T]he causation test the Court embraces contains no limit on causation at all."

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.