STATE EX REL. UNION PACIFIC R. CO. v. DAVID

No. SC 91066.

331 S.W.3d 666 (2011)

STATE ex rel. UNION PACIFIC RAILROAD COMPANY, Relator, v. The Honorable Michael P. DAVID, Respondent.

Supreme Court of Missouri, En Banc.

March 1, 2011.


Attorney(s) appearing for the Case

Nicholas J. Lamb , Booker T. Shaw , James W. Erwin and David A. Stratmann of Thompson Coburn LLP in St. Louis, for Union Pacific.

Robert H. Wendt of The Wendt Law Firm in St. Louis, and James Holloran and Ronnie L. White of Holloran, White, Schwartz & Gaertner LLP in St. Louis, for Gordon and Champlin.


RICHARD B. TEITELMAN, Judge.

Union Pacific Railroad seeks a writ of prohibition to bar the circuit court from compelling arbitration with respect to two plaintiffs in a series of consolidated cases filed under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 et seq. There is no written arbitration agreement between Union Pacific and these two plaintiffs. Consequently, the preliminary writ of prohibition is made permanent.

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