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Federal Employers' Liability Act: Secondary Sources

Legal Dictionaries

Legal Dictionaries:  Use legal dictionaries to define unfamiliar legal terms.  Dictionaries available online:

BLACK’S LAW DICTIONARY

 

FindLaw Legal Dictionary.

Legal Encyclopedias

Legal Encyclopedias:  Legal encyclopedias provide a concise introduction to the full scope of the law, and provide numerous citations to cases and scholarly legal works that illustrate their discussions of various issues.  Jurisdiction-specific encyclopedias are also available.  Consult the indexes of the following resources for the Federal Employers’ Liability Act, and for related matters in particular cases:

 

AMERICAN JURISPRUDENCE 2d

 

CORPUS JURIS SECUNDUM

 

STANDARD PENNSYLVANIA PRACTICE 2d

 

American Law Reports

American Law Reports:  This source features annotations (articles) on various issues of law, supported by numerous references to primary authorities.  American Law Reports is available in both Lexis Advance and Westlaw.  Search online for material on the FELA.  Suggested annotations follow:

 

29 A.L.R. Fed. 2d 1:  Construction and Application of Federal Employers’ Liability Act (FELA), §§ 1 et seq., 45 U.S.C.A. §§ 51 et seq.—U.S. Supeme Court Cases.

 

123 A.L.R. Fed. 583:  Recovery for negligent or intentional infliction of emotional distress under Jones Act (46 U.S.C.A. Appx. § 688) or under Federal Employers’ Liability Act (45 U.S.C.A.) §§ 51 et seq.).

 

60 A.L.R.3d 964:  Forum non conveniens: circumstances justifying state court’s refusal to take jurisdiction of Federal Employers’ Liability Act proceeding.

 

10 A.L.R. Fed. 511:  Recovery of punitive damages in actions under Jones Act (46 U.S.C.A. Appx. § 688) or Federal Employers’ Liability Act (45 U.S.C.A. § 51 et seq.)

 

44 A.L.R. Fed. 2dPreemptive Effect of Federal Railroad Safety Act, Exclusive of "Essentially Local Safety or Security Hazard" Savings Clause.

 

Restatements & Treatises

Restatements of the Law:  Compiled by the American Law Institute, these authoritative secondary sources feature concise statements of legal rules, commentary, hypothetical scenarios illustrating the application of the rules, and citations to decided cases.  The suggested restatement below can be helpful in understanding the legal principles behind the application of the FELA:

 

RESTATEMENT OF THE LAW, SECOND, TORTS (KF1249 .T685 1965)

 

Treatises:  To find treatises on FELA and related topics, use the Law Library’s (or another library’s) online public access catalog (OPAC), or use the WORLDCAT database available to Villanova students through Falvey Library, the main campus library.

 

Student Study Guides:

Practice Guides and Forms

Practice Guides:  Practice guides may be used to aid the researcher’s understanding of the practical application of FELA statutes, regulations, and case law.  Consult the index to the works listed below (or search the equivalent database) for material related to the FELA.  Use the OPAC or consult a Reference Librarian to find additional practice manuals and guides:

 

FEDERAL PRACTICE AND PROCEDURE (Wright & Miller).  Authoritative guidance on procedure in the federal courts.

 

FEDERAL PROCEDURE.  Consult this resource for guidance on procedure in various actions before the federal courts.

 

MOORE’S FEDERAL PRACTICE (KF8716.5 .M782 1997).  This resource provides guidance on all aspects of practice in the federal courts.  Use the index or search online to locate material relevant to FELA actions.

 

AMERICAN JURISPRUDENCE TRIALS.  Use this resource for concise guidance on every aspect of particular legal actions, including references to applicable law, elements of the cause of action, forms of pleading, and more.  Some suggested articles on FELA actions are listed below:

 

11 Am. Jur. Trials 397:  Litigation under the Federal Employers’ Liability Act.

 

72 Am. Jur. Trials 1:  Railroad Health and Safety; a Litigator’s Guide.

 

74 Am. Jur. Trials 1Handling a Grade Crossing Collision for Locomotive Cab Occupants.

 

CAUSES OF ACTION.  This resource features articles on what is necessary to litigate various causes of action in commercial, personal injury, insurance, real property, and other areas of law.  Some suggested articles related to FELA actions are:

 

7 COA 2d 197Cause of Action Against Employer for Intentional Exposure of Employee to Hazardous Condition in Workplace.

 

8 COA 2d 157Cause of Action to Recover Damages for Fear of Future Contraction of Disease.

 

54 COA 2d 255Cause of Action Against Employer to Recover Under Doctrine of Respondeat Superior for Intentional Torts Committed by Employee.

 

AMERICAN JURISPRUDENCE PROOF OF FACTS.  Use this resource to identify the facts that must be proven in particular actions, and trial techniques necessary to make such proofs. 

 

Practice Forms:

 

AMERICAN JURISPRUDENCE PLEADING AND PRACTICE FORMS ANNOTATED.  State and federal practice forms, checklists and timetables for various actions.

 

AMERICAN JURISPRUDENCE LEGAL FORMS 2d.  Use this resource for model business and legal forms, and for guidance on form use and drafting; includes checklists and other practice aids.

 

Legal Periodicals

Legal Periodicals:  Find material in legal periodicals such as law reviews and journals by using resources such as:

 

Heinonline

 

            Lexis Advance:  Law Reviews and Journals

 

            Westlaw: Law Reviews and Journals

 

Suggested journals:

 

            THE TRANSPORTATION LAW JOURNAL (K24 .R263)

 

Check the Library’s OPAC for more print journals.

 

CLE Materials

Legal News

Legal Newspapers:  Read about the latest legal developments and case decisions in specialized newspapers for legal professionals.  Some recommended newspapers featuring Pennsylvania and New Jersey legal news are:

Pennsylvania Law Weekly

The Legal Intelligencer

New Jersey Law Journal (Website)