BNSF Railway Co. v. United States Department of Labor Administrative Review Board
Court of Appeals for the Eighth Circuit
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
- Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
- Clark County School District v. BreedenSupreme Court of the United States · 2001
- Camp v. PittsSupreme Court of the United States · 1973
- Florida Power & Light Co. v. LorionSupreme Court of the United States · 1985
- Kolstad v. American Dental Assn.Supreme Court of the United States · 1999
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3Cited by15 opinions
- Dustin Hess v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2018
- Wooten v. BNSF Ry. Co.District Court, D. Montana · 2019
- Dakota, MN & Eastern Railroad v. U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 2020
- Clyde Carter, Jr. v. Secretary, Department of LaborCourt of Appeals for the Eighth Circuit · 2024
- Paul Parker v. Bnsf Railway CompanyCourt of Appeals for the Ninth Circuit · 2024
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