Minnesota case law summary by Attorney Richard Clem: FELA, prejudment interest.

Dennis E. Kinworthy v. Soo Line Railroad Company. FELA, prejudment interest

The Minnesota Supree Court held:

1. The recoverability of prejudgment interest in an action brought in state court under the Federal Employers' Liability Act (FELA), 45 U.S.C. 51, is governed by federal substantive law.
2. Pursuant to existing federal law, a successful plaintiff in a FELA action brought in state court is not entitled to post-verdict, prejudgment interest under Minn. Stat. 549.09.

No. A13-0915 (Minn. Mar. 4, 2015)

Please see the original opinion for the court's exact language.

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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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