DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

112003P.pdf   09/04/2012  Kevin Cowden  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  11-2003
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Smith and Shepherd, Circuit Judges]
   Civil case - Federal Employer's Liability Act. The district court erred
   by addressing the dispositive nature of Federal Railroad Safety Act
   regulations for the first time in its order granting summary judgment as
   the record below was not fully developed with the dispositive nature of
   the regulations in mind and neither party had notice that the regulations
   would prove dispositive; on remand, the railroad will have the burden of
   persuading the court that particular regulations meet the standard for
   preemption set out in 49 U.S.C. Sec. 20106(a)(2).