Legal Opinion

Thomas Kuduk v. BNSF Railway Company

Court of Appeals for the Eighth Circuit

Decided October 7, 2014No. 13-3326PublishedCited by 70 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

The Federal Rail Safety Act (“FRSA”) prohibits rail carriers from retaliating against employees who engage in safety-related protected activities. 49 U.S.C. § 20109(a). Brakeman Thomas Kuduk, a long-time employee of BNSF Railway Co. (“BNSF”), commenced this action alleging that BNSF violated this anti-retaliation mandate when it terminated him in September 2010. He now appeals the district court’s 1 grant of summary judgment dismissing his FRSA claim. Reviewing the court’s decision de novo and the facts in the light most favorable to Kuduk, we affirm.

I

After a long history…

2Cases cited12 opinions

  1. Staub v. Proctor HospitalSupreme Court of the United States · 2011
  2. Paul J. Kiel v. Select Artificials, Inc.Court of Appeals for the Eighth Circuit · 1999
  3. Paula A. Kipp, Appellee/cross-Appellant v. Missouri Highway and Transportation Commission, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 2002
  4. Hervey v. County of KoochichingCourt of Appeals for the Eighth Circuit · 2008
  5. Frederick R. Marano v. Department of JusticeCourt of Appeals for the Federal Circuit · 1993

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3Cited by70 opinions

  1. Lincoln v. BNSF Railway CompanyCourt of Appeals for the Tenth Circuit · 2018
  2. Curtis Rookaird v. Bnsf Railway CompanyCourt of Appeals for the Ninth Circuit · 2018
  3. Todd Smith-Bunge v. Wisconsin Central, Ltd.Court of Appeals for the Eighth Circuit · 2019
  4. Dustin Hess v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2018
  5. Paul Gunderson v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2017

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

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