Legal Opinion

BNSF Railway Co. v. United States Department of Labor Administrative Review Board

Court of Appeals for the Eighth Circuit

Decided August 14, 2017No. 16-3093PublishedCited by 15 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

The Federal Rail Safety Act (FRSA) prohibits a rail carrier from retaliating against an employee for reporting “a work-related personal injury.” 49 U.S.C. § 20109(a)(4). On August 30, 2007, Clyde Carter, Jr. injured his shoulder and neck while working as a carman at BNSF Railway Company’s yard in Kansas City, Kansas. Carter immediately reported the injury to BNSF. The following year, he filed a Federal Employers’ Liability Act (FELA) damage action, alleging that BNSF’s negligence caused his injury. BNSF’s discovery in defending the FELA lawsuit included á July 2009…

2Cases cited18 opinions

  1. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  2. Clark County School District v. BreedenSupreme Court of the United States · 2001
  3. Camp v. PittsSupreme Court of the United States · 1973
  4. Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
  5. Kolstad v. American Dental Assn.Supreme Court of the United States · 1999

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3Cited by15 opinions

  1. Dustin Hess v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2018
  2. Wooten v. BNSF Ry. Co.District Court, D. Montana · 2019
  3. Dakota, MN & Eastern Railroad v. U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 2020
  4. Clyde Carter, Jr. v. Secretary, Department of LaborCourt of Appeals for the Eighth Circuit · 2024
  5. Paul Parker v. Bnsf Railway CompanyCourt of Appeals for the Ninth Circuit · 2024

10 more not listed; retrieve them via the Exa API.

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