Legal Opinion
Dimauro v. Springfield Terminal Railway Co.
District Court, D. Maine
Decided May 20, 2016No. CIVIL NO. 2:16-CV-71-DBH, CIVIL NO. 2:16-CV-73-DBH, CIVIL NO. 2:16-CV-74-DBHPublished
1Opinion of the Court
DECISION AND ORDER ON MOTIONS TO DISMISS
D. BROCK HORNBY, UNITED STATES DISTRICT JUDGE
Congress passed the Federal Railway Safety Act (FRSA) to protect railroad employee whistle-blowers. 49 U.S.C. § 20109. Its primary enforcement mechanism is through administrative proceedings before the Department of Labor (here OSHA), •with appeal to the circuit court of appeals. But the statute also has a “kickout provision,” providing that if the Secretary of Labor does not take final action within 210 days, -the railroad worker can file suit in federal district court against his employer.1 The statute does…
2Cases cited3 opinions
- Jordan Hospital, Inc. v. ShalalaCourt of Appeals for the First Circuit · 2002
- Despain v. BNSF Railway Co.District Court, D. Arizona · 2016
- Groncki v. AT & T MOBILITY LLCDistrict Court, District of Columbia · 2009