Hysten v. Burlington Northern Santa Fe Railway Co.

HOLMES, Circuit Judge.

This appeal challenges the final judgment in favor of the plaintiff Larry Hysten on his retaliatory discharge claim under Kansas law. During trial, the district court denied the motions of Mr. Hysten’s employer, the defendant Burlington Northern Santa Fe Railway Company (“Burlington Northern”), for judgment as a matter of law. The jury found that Burlington Northern retaliated against Mr. Hysten for reporting a work-related injury that might have led to a future claim under the Federal Employer’s Liability Act (“FELA”), 45 U.S.C. §§ 51-60. 1 The jury awarded Mr. Hysten…