California Court of Appeal

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Miller v. Union Pacific R.R. Co., C052300

In an action under the Federal Employers- Liability Act (FELA) for injuries sustained while working for defendant, grant of a motion to strike a request for expert witness fees is affirmed as the availability of expert witness fees in a FELA action filed in state court is controlled by federal law, and federal law does not authorize an award of expert witness fees to a prevailing plaintiff in such action.

Appellate Information

  • Decided 02/01/2007
  • Published 02/01/2007

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Larry Lockshin, Sacramento, Diana Esquivel, and Charlotte E. Costan for Plaintiff and Appellant.

  • For Appellees:
  • Reed Smith and Joseph P. Mascovich;  Michael L. Whitcomb, Montery Park, and William H. Pohle, Roseville, for Defendant and Respondent.
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