FIELDEN v. CSX TRANSP., INC.

No. 05-4377.

482 F.3d 866 (2007)

Jesse A. FIELDEN, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 6, 2007.


Attorney(s) appearing for the Case

ARGUED: Thomas H. Peyton, Peyton Law Firm, Nitro, West Virginia, for Appellant. Ira L. Podheiser, Burns, White & Hickton, Pittsburgh, Pennsylvania, for Appellee.

ON BRIEF: Thomas H. Peyton, Peyton Law Firm, Nitro, West Virginia, for Appellant. Ira L. Podheiser, Daniel J. Hampton, Burns, White & Hickton, Pittsburgh, Pennsylvania, for Appellee.

Before SILER, GIBBONS, and ROGERS, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

This appeal concerns the scope of the expert report requirement of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure. In particular, the issue is whether a plaintiff pursuing a claim under the Federal Employers' Liability Act (FELA), 45 U.S.C. § 51 et seq., must file an expert report before the plaintiffs treating physician can testify as to the cause of the plaintiff's carpal tunnel syndrome. In this case...

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