Edward Blackorby v. BNSF Railway Company
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MELLOY, Circuit Judge.
BNSF Railway Company (“BNSF”) disciplined its employee, Edward Blackorby, for not promptly reporting a workplace injury. Blackorby sued, claiming BNSF’s discipline violated the employee-protections provision of the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20109(a)(4). The case went before a jury, and after the close of evidence, the jury was instructed that Blackorby need not establish intentional retaliation to prevail on his claim. The jury found for Blackorby and awarded him damages for emotional distress. Because we conclude that this Court’s decision in…
2Cases cited18 opinions
- Carey v. PiphusSupreme Court of the United States · 1978
- Staub v. Proctor HospitalSupreme Court of the United States · 2011
- Jin Ku Kim, Appellant/cross-Appellee v. Nash Finch Company, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 1997
- Kimberly Turic v. Holland Hospitality, Inc., D/B/A Holiday Inn and Conference Center of Holland, Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1996
- Frederick R. Marano v. Department of JusticeCourt of Appeals for the Federal Circuit · 1993
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3Cited by11 opinions
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- Dakota, MN & Eastern Railroad v. U.S. Department of LaborCourt of Appeals for the Eighth Circuit · 2020
- Edward Blackorby v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2023
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