Known Injuries vs. Known Risks: Finding the Appropriate Standard for Determining the Validity of Releases Under the Federal Employers' Liability Act

@inproceedings{Granger2015KnownIV,
  title={Known Injuries vs. Known Risks: Finding the Appropriate Standard for Determining the Validity of Releases Under the Federal Employers' Liability Act},
  author={Brooke Granger},
  year={2015}
}
This Comment addresses the uncertainty that arises when determining whether a release is valid under Section 5 of FELA and recommends a solution that best incorporates FELA’s purpose and case law, which are extremely worker protective. Part II examines FELA’s history and purpose, as well as its departures from common law tort doctrine. Then, Part III chronicles the circuit split between the Third and Sixth Circuits on the proper standard to apply when determining the validity of a release under… CONTINUE READING