Legal Opinion

Lincoln v. BNSF Railway Company

Court of Appeals for the Tenth Circuit

Decided August 17, 2018No. 17-3120PublishedCited by 486 opinions

1Opinion of the Court

McHUGH, Circuit Judge.

Several years after a tank car spill accident, Larry D. Lincoln and Brad C. Mosbrucker (collectively "Appellants") advised BNSF Railway Company ("BNSF") that medical conditions attributable to the accident rendered them partially, permanently disabled and prevented them from working outdoors. Upon learning of Appellants' alleged medical conditions, BNSF removed Appellants from service as Maintenance of Way ("MOW") workers purportedly due to safety concerns and because MOW work entails outdoor work. With some assistance from BNSF's Medical and Environmental Health…

2Cases cited100 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  4. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  5. National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002

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3Cited by486 opinions

  1. Smith v. Cheyenne Retirement InvestorsCourt of Appeals for the Tenth Circuit · 2018
  2. Sanderson v. Wyoming Highway PatrolCourt of Appeals for the Tenth Circuit · 2020
  3. Throupe v. University of DenverCourt of Appeals for the Tenth Circuit · 2021
  4. Payan v. United Parcel ServiceCourt of Appeals for the Tenth Circuit · 2018
  5. Aubrey v. KoppesCourt of Appeals for the Tenth Circuit · 2020

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