502ord$pt2 08-08-95 19:35:59 PGT•ORDBV (Bound Volume)
ORDERS 502 U. S.
1049
January 13, 1992
These cases raise the issue whether the Federal Employers’ Liability Act (FELA), 35 Stat. 65, as amended, 45 U. S. C. §§ 51– 60, creates a cause of action for emotional injury brought about by acts that lack any physical contact or threat of physical contact. We had expressly reserved this question in Atchison, T. & S. F. R. Co. v. Buell, 480 U. S. 557, 570–571 (1987). In both cases the Courts of Appeals held that FELA authorizes no such claim. By contrast with the approach undertaken by the Courts of Appeals in these cases, the Court of Appeals for the Fifth Circuit has propounded a contrary rule. In Plaisance v. Texaco, Inc., 937 F. 2d 1004, 1009 (1991), after fully canvassing the decisions of the Courts of Appeals since Buell, the court stated: “We [are] persuaded that an emotional injury can be every bit as harmful, debilitating, and destructive of the quality of one’s life as a physical injury. We therefore hold that a claim for an emotional injury caused by emotional distress negligently inflicted, even without an accompanying physical injury or physical contact, is cognizable under the FELA.” Because a uniform rule should be announced by this Court on this important and recurring issue, I would grant the petitions. No. 91–713. Acuna Castillo et al. v. Shell Oil Co. et al. (two cases). C. A. 5th Cir. Certiorari denied. Justice White would grant certiorari. Reported below: 932 F. 2d 1518 (first case) and 1523 (second case). No. 91–5661. Townsend v. United States. C. A. 5th Cir. Certiorari denied. Justice White would grant certiorari. Reported below: 932 F. 2d 1529. No. 91–5836. Booth v. United States. C. A. 6th Cir. Certiorari denied. Justice White would grant certiorari. Reported below: 936 F. 2d 573. No. 91–728. Preferred Research, Inc. v. Wright. C. A. 11th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied. Justice White would grant certiorari. Reported below: 937 F. 2d 1556. No. 91–736. Massachusetts v. Moreau. App. Ct. Mass. Motion of respondent for leave to proceed in forma pauperis
