Ernest Payton, et al v. Union Pacific Railroad Company
| ERNEST PAYTON, TOMMY HILL, MARCUS WRIGHT, DAVID UTI and JORGE SANTOYO |
| UNION PACIFIC RAILROAD COMPANY |
| ALVIN TURNER and DAVID FLEURY |
| 26-1946 |
| April 30, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Personal Injury |
Opinions
We have the following opinions for this case:
| Description |
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 Payton v Union Pacific Railroad Company
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Docket Report
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This docket was last retrieved on October 22, 2026. A more recent docket listing may be available from PACER.
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Filing 40
Mandate issued. No record to be returned. [40] [7564847] [26-1946] (CAH) [Entered: 10/22/2026 08:42 AM]
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FOR COURT USE ONLY: Certified copy of 09/30/2026 Opinion with Mandate sent to the District Court Clerk. [7564850-2] [7564850] [26-1946] (CAH) [Entered: 10/22/2026 08:44 AM]
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Filing 39
ORDER: Final judgment filed per opinion. With costs: yes. [39] [7559673] [26-1946] (AD) [Entered: 09/30/2026 03:59 PM]
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Filing 38
Filed opinion of the court by Judge Easterbrook. AFFIRMED. Frank H. Easterbrook, Circuit Judge; Michael Y. Scudder, Circuit Judge and Doris L. Pryor, Circuit Judge. [38] [7559670] [26-1946] (AD) [Entered: 09/30/2026 03:52 PM]
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Filing 37
Case heard and taken under advisement by panel: Frank H. Easterbrook, Circuit Judge; Michael Y. Scudder, Circuit Judge and Doris L. Pryor, Circuit Judge. [37] [7557766] [26-1946] (DAB) [Entered: 09/23/2026 02:33 PM]
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Filing 36
Case argued by David Gerbie for Amici Curiae David Fleury and Alvin Turner, Gary Feinerman for Appellant Union Pacific Railroad Company and Mr. Andres C. Pereira for Appellees Ernest Payton, Tommy Hill, Marcus Wright, David Uti and Jorge Santoyo. [36] [7557760] [26-1946] (DAB) [Entered: 09/23/2026 02:29 PM]
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Filing 35
Filed Response in Opposition by Amici Curiae Alvin Turner and David Fleury to Response to Appellant's Letter of Supplemental Authority (ECF 28-1). [35][7556998] [26-1946] (Hanson, Thomas) [Entered: 09/21/2026 01:53 PM]
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Filing 34
Received argument confirmation per argument email form for Mr. Andres C. Pereira for Appellees Ernest Payton, Tommy Hill, Marcus Wright, David Uti and Jorge Santoyo and David Gerbie for Amici Curiae David Fleury and Alvin Turner. [34] [7556139] [26-1946] (CAH) [Entered: 09/17/2026 11:07 AM]
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Filing 33
Received argument confirmation from Mr. Andres Pereira and Mr. David Gerbie for Amici Curiae David Fleury, Alvin Turner and Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. [33] [7556077] [26-1946] (Pereira, Andres) [Entered: 09/17/2026 09:38 AM]
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Filing 32
Received argument confirmation per argument email form for Attorney Gary Feinerman for Appellant Union Pacific Railroad Company. [32] [7555801] [26-1946] (CAH) [Entered: 09/16/2026 10:25 AM]
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Filing 31
Filed Response by Appellant Union Pacific Railroad Company to Amici's Letter of Supplemental Authority. [31][7555590] [26-1946] (Feinerman, Gary) [Entered: 09/15/2026 01:46 PM]
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Filing 30
ORDER re: Appellees' motion to permit amici curiae to participate in oral argument. [ # 29 ] the motion is GRANTED. David Fleury and Alvin Turner may participate in oral argument on behalf of appellees. Pursuant to the appellees agreement, Fleury and Turner are allocated 10 minutes of appellees oral argument time. The clerk of this court shall distribute a copy of this order to the assigned merits panel. ECL [30] [7555440] [26-1946]--[Edited 09/15/2026 by CG to reflect updated docket text and order.] (CG) [Entered: 09/15/2026 09:51 AM]
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Filing 29
Motion filed by Amici Curiae David Fleury, Alvin Turner and Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright to participate in oral argument By appellee for amici curiae.. [29] [7554959] [26-1946] (Pereira, Andres) [Entered: 09/14/2026 08:48 AM]
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Filing 28
Filed Appellant Union Pacific Railroad Company Citation of Additional Authority, per Circuit Rule 28(e). [28] [7554718] [26-1946] (Feinerman, Gary) [Entered: 09/11/2026 09:55 AM]
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Filing 27
Filed Amici Curiae David Fleury and Alvin Turner Citation of Additional Authority, per Circuit Rule 28(e). [27] [7554648] [26-1946] (Hanson, Thomas) [Entered: 09/10/2026 09:48 PM]
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Filing 26
Paper copies of appellant reply brief filed by Appellant Union Pacific Railroad Company. [26] [7546085] [26-1946] (GW) [Entered: 08/07/2026 10:58 AM]
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Filing 25
Appellant's reply brief filed by Appellant Union Pacific Railroad Company. Paper copies due on 08/13/2026. [25] [7545850] [26-1946] (NHV) [Entered: 08/06/2026 02:28 PM]
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Filing 24
Submitted appellant reply brief by Gary Feinerman for Appellant Union Pacific Railroad Company. [24] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7545807] [26-1946] (Feinerman, Gary) [Entered: 08/06/2026 12:29 PM]
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Filing 23
Argument set for Wednesday, September 23, 2026, at 2 p.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 15 minutes. [23] [7545340] [26-1946] (SK) [Entered: 08/05/2026 09:21 AM]
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Filing 22
Order issued GRANTING motion to extend time to file appellant's reply brief. [ # 20 ] Appellant's reply brief, if any, is due on or before 08/06/2026 for Appellant Union Pacific Railroad Company. CDH [22] [7540571] [26-1946] (FP) [Entered: 07/17/2026 07:44 AM]
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Filing 21
Paper copies of amicus brief filed by Amici Curiae David Fleury and Alvin Turner. [21] [7540314] [26-1946] (SK) [Entered: 07/16/2026 10:10 AM]
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Filing 20
Motion filed by Appellant Union Pacific Railroad Company to extend time to file reply brief. [20] [7540219] [26-1946] (Feinerman, Gary) [Entered: 07/15/2026 08:57 PM]
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Filing 19
Amicus brief filed by Amici Curiae Alvin Turner and David Fleury by consent. Paper copies due on 07/17/2026 [19] [7538962] [26-1946] (EHF) [Entered: 07/10/2026 09:04 AM]
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Filing 18
Submitted brief by Thomas M. Hanson for amicus Amici Curiae David Fleury and Alvin Turner. Consent from all parties contained within brief. [18] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7538942] [26-1946] (Hanson, Thomas) [Entered: 07/09/2026 09:34 PM]
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Filing 17
NOTICE: Attorney Gary Feinerman for Appellant Union Pacific Railroad Company will not be available for oral argument September 11, 14, 25, and 28, 2026; November 12 and 17, 2026; December 7-8, 2026. [17] [7538932] [26-1946] (Feinerman, Gary) [Entered: 07/09/2026 05:24 PM]
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Filing 16
Paper copies of appellee brief filed by Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. [16] [7538456] [26-1946] (DAB) [Entered: 07/08/2026 01:06 PM]
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Filing 15
Amended Jurisdictional Statement filed by Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. [15] [7537897] [26-1946] (Pereira, Andres) [Entered: 07/07/2026 07:27 AM]
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Filing 14
ORDER: The Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright shall file a paper captioned "Amended Jurisdictional Statement" that provides the omitted information noted in this order and otherwise complies with all the requirements of Fed.R.App.P. 28(a)(4) and Cir. Rule 28(a). The Clerk shall DISTRIBUTE, along with the briefs in this appeal, copies of this order and the "Amended Jurisdictional Statement" to the assigned merits panel. This order will not extend the time for any future briefs. Amended jurisdictional statement due no later than 07/13/2026 for Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. JXK [14] [7537590] [26-1946] (CG) [Entered: 07/06/2026 10:47 AM]
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Filing 13
Appellee's brief filed by Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. Appellant's reply brief, if any, is due on or before 07/23/2026 for Appellant Union Pacific Railroad Company. Paper copies due on 07/09/2026. [13] [7537298] [26-1946] (LJ) [Entered: 07/02/2026 12:05 PM]
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Filing 12
Submitted appellee brief by Andres Pereira for Appellees Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. [12] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7537292] [26-1946] (Pereira, Andres) [Entered: 07/02/2026 11:58 AM]
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Filing 11
Paper copies of appellant brief and appendix filed by Appellant Union Pacific Railroad Company. [11] [7532133] [26-1946] (NHV) [Entered: 06/11/2026 10:05 AM]
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Filing 10
Filed Appendix by Appellant Union Pacific Railroad Company. [10] [7531800] Paper copies due on 06/16/2026 [26-1946] (CAG) [Entered: 06/10/2026 09:13 AM]
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Filing 9
Appellant's brief filed by Appellant Union Pacific Railroad Company. Appellee's brief due on or before 07/09/2026 for Tommy Hill, Ernest Payton, Jorge Santoyo, David Uti and Marcus Wright. Paper copies due on 06/16/2026. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [9] [7531799] [26-1946] (CAG) [Entered: 06/10/2026 09:12 AM]
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Filing 8
Submitted Supplemental Appendix by Gary Feinerman for Appellant Union Pacific Railroad Company. [8] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7531756] [26-1946] (Feinerman, Gary) [Entered: 06/09/2026 07:02 PM]
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Filing 7
Submitted appellant brief by Gary Feinerman for Appellant Union Pacific Railroad Company. [7] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7531755] [26-1946] (Feinerman, Gary) [Entered: 06/09/2026 07:00 PM]
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Filing 6
Filed Seventh Circuit Transcript Information Sheet by Appellant Union Pacific Railroad Company. [6] [7525650] [26-1946] (Feinerman, Gary) [Entered: 05/14/2026 03:29 PM]
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Filing 5
Docketing Statement filed by Appellant Union Pacific Railroad Company. Prior or Related proceedings: No. [5] [7523278] [26-1946] (Feinerman, Gary) [Entered: 05/05/2026 01:53 PM]
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Filing 4
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Andres C. Pereira for Appellees Ernest Payton, Tommy Hill, Marcus Wright, David Uti and Jorge Santoyo. [4] [7522230] [26-1946] (PS) [Entered: 04/30/2026 04:39 PM]
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Filing 3
Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorneys Gary Feinerman, Sean M. Berkowitz, Johanna Spellman, Kathryn A. Running, and Benjamin Harris for Appellant Union Pacific Railroad Company. [3] [7522227] [26-1946] (PS) [Entered: 04/30/2026 04:38 PM]
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Filing 2
THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLEES: Maurice Madkins, Llewellyn Lenard, Tony Johnson, JC Johnson II, Periss Crawford, Sunair Ramchandani, and Jerome Buckner. [2] [7522221] [26-1946] (PS) [Entered: 04/30/2026 04:34 PM]
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Filing 1
Private civil case docketed. Fee paid. Docketing Statement due for Appellant Union Pacific Railroad Company by 04/30/2026. Transcript information sheet due by 05/14/2026. Appellant's brief due on or before 06/09/2026 for Union Pacific Railroad Company. [1] [7522211] [26-1946] (PS) [Entered: 04/30/2026 04:23 PM]
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Case transferred from Miscellaneous Docket No. 25-8031. [7522217-2] [7522217] [26-1946, 25-8031] (PS) [Entered: 04/30/2026 04:29 PM]
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