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FELA cannot pierce SEPTA immunity
08/26/09
Contact
Carl D. Buchholz
(215) 575-4235
On June 10, 2009, an en banc panel of the Commonwealth Court in Davis v. SEPTA No. 250 C.D. 2009 (Cmwlth 2009), ruled that SEPTA is a Commonwealth entity entitled to the Commonwealth’s sovereign immunity and, therefore, is immune from lawsuits brought by SEPTA railroad employees under the Federal Employers Liability Act (“FELA”). Rawle & Henderson partner Carl D. Buchholz, III represented SEPTA in this case and argued the appeal before the Commonwealth Court. The decision will save SEPTA and the tax payers of the Commonwealth of Pennsylvania millions of dollars each year in not having to defend and pay large judgments in third-party lawsuits which the SEPTA railroad employees could previously bring against SEPTA under FELA.
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