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Roberts v. CSX Transportation, Inc.
090194 Roberts v. CSX Transportation, Inc. 01/15/2010 In a personal injury action brought against a railroad under the Federal Employers' Liability Act, the circuit court erred in failing to strike for cause a…
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090194 Roberts v. CSX Transportation, Inc. 01/15/2010 In a personal injury action brought against a railroad under the Federal Em…
- Court
- Supreme Court of Virginia
- First seen
- Oct 4, 2026
- Last entry
- Jan 15, 2010
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090194 Roberts v. CSX Transportation, Inc. 01/15/2010 In a personal injury action brought against a railroad under the Federal Employers' Liability Act, the circuit court erred in failing to strike for cause a potential juror who was a long time stockholder of the defendant railroad, thereby forcing the plaintiff to use a peremptory challenge to remove that juror from the jury panel. While federal substantive law governs the determination of rights and obligations in a FELA action, Virginia law governs the disposition of this error affecting a party's rights in jury selection of this action in Virginia circuit court. The judgment is reversed and the case is remanded for a new trial.
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