LCBF obtains favorable ruling from Second Circuit in first appellate decision on whether language of jury charge approved in CSX v. McBride is mandatory

In Stowe v. National Railroad Corp., 2012 WL 4360436 (2d Cir. 2012), affirming 793 F. Supp. 2d 549 (E.D.N.Y. 2011), the Second Circuit rejected all of the plaintiff's arguments on appeal and upheld a zero damages verdict after LCBF's client had conceded negligence. Among other things, the plaintiff had argued that the Supreme Court's Decision in CSX Transp. Inc. v. McBride, 131 S. Ct. 2630 (2011) required a new trial because the FELA jury charge on causation omitted the phrase "no matter how small. "The plaintiff asserted this phrase was mandatory after McBride because the charge approved in McBride had contained that language. Agreeing with the LCBF position on appeal, the Second Circuit ruled that because the jury charge given by the trial court tracked the language of the statute, the charge was not erroneous. The LCBF team was headed by Gerry Ford and Mark Landman.