McBride v. CSX Transportation, Inc.

Ct. of Appeals denied defendant's motion to stay mandate pending filing and disposition of its petition for writ of certiorari that concerned Dist. Ct.'s issuance of certain jury instructions in FELA action. While defendant noted that instant 7th Circuit opinion conflicted with certain state court opinions, defendant still did not show likelihood that four Supreme Court Justices would grant certiorari where instant decision was consistent with every other federal circuit court that had addressed same issue. Moreover, defendant failed to establish that it was unlikely that plaintiff would be able to repay judgment if it was reversed.