On January 10, 2022, the Supreme Court declined to review a decision of the Montana Supreme Court that unfairly hamstrings railway companies in their efforts to defend against personal-injury suits by their employees. The decision was a setback for WLF, which had filed a brief with the Court urging review. The Federal Employers’ Liability Act (FELA) provides the sole remedy by which railway employees may recover from their employer for work-related injuries. Yet the Montana Supreme Court’s decision permits employees to supplement their FELA claims with a second suit alleging bad faith in defending against FELA claims. In its amicus brief, WLF argues that when Congress adopted FELA, it intended to preempt the entire field of railway-injury claims, thus barring under the Constitution’s Supremacy Clause the very state-law claims Montana courts routinely recognize. WLF’s brief was joined by the Allied Educational Foundation.
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