(Source: Lexology, December 20, 2016)
WASHINGTON, D.C. — On October 31, 2016, a $1 million dollar judgment against BNSF Railway Co. evaporated when the U.S. Court of Appeals for the Seventh Circuit set groundbreaking precedent under the Federal Railroad Safety Act (FRSA) and vindicated BNSF. The jury had awarded Michael Koziara, the plaintiff in the case, a total of $425,724.64, which included $125,000 in punitive damages. In addition, the court had awarded approximately $565,000 in attorneys’ fees, costs, and pre- and post-judgment interest. The Seventh Circuit reversed the judgment of the U.S. District Court in the Western District of Wisconsin with instructions to dismiss the case based on errors in jury instructions. Koziara v. BNSF Railway Co., No. 16-1577 (October 31, 2016). The Court of Appeals denied rehearing en banc on December 1, 2016.
Full story: Lexology