United States Second Circuit

In a Federal Employers' Liability Act dispute, 45 U.S.C. section 51 et seq., arising from an action for negligent infliction of emotional distress and intentional infliction of emotional distress, Rule 12b(6) dismissal by the district court is affirmed where plaintiff failed to satisfy the zone of danger test outlined by the Supreme Court in Consolidated Rail Corp.

Appellate Information

• Decided 08/15/2011
• Published 08/15/2011

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• PHILIP J. DINHOFER, BRIAN K. SALTZ