United States Sixth Circuit

In a negligence action wherein plaintiff alleged that he was an "employee" of defendant-railway for purposes of the Federal Employers' Liability Act (FELA), summary judgment for defendant is affirmed where: 1) plaintiff was not defendant's employee; 2) the district court did not err in its summary judgment dismissal of plaintiff's 45 U.S.C. section 55 "claim" and in permitting defendant's non-employee defense; and 3) denial of plaintiff's motion to amend was proper as plaintiff failed to state a plausible claim for civil conspiracy under Tennessee law.

Appellate Information

• Decided 04/09/2010
• Published 04/09/2010

Judges

Court

• United States Sixth Circuit

Counsel