Legal Opinion

Paul Gunderson v. BNSF Railway Company

Court of Appeals for the Eighth Circuit

Decided March 10, 2017No. 15-2905PublishedCited by 44 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

Paul Gunderson appeals the district court’s1 grant of summary judgment dismissing his complaint alleging that BNSF Railway Co. violated the Federal Rail Safety Act (“FRSA”), 49 U.S.C. § 20109, when it fired Gunderson in 2009 for harassing a co-worker and threatening a supervisor. Gunderson alleges that the real reason for his termination was unlawful retaliation for his prior FRSA-protected activity, an injury report and years of safety advocacy. A Department of Labor (“DOL”) administrative law judge (“ALJ”) dismissed Gunderson’s FRSA complaint on the merits following…

2Cases cited18 opinions

  1. Astoria Federal Savings & Loan Ass'n v. SoliminoSupreme Court of the United States · 1991
  2. Staub v. Proctor HospitalSupreme Court of the United States · 2011
  3. New York v. HillSupreme Court of the United States · 2000
  4. Petrella v. Metro-Goldwyn-Mayer, Inc.Supreme Court of the United States · 2014
  5. McCullough v. University of Arkansas for Medical SciencesCourt of Appeals for the Eighth Circuit · 2009

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

3Cited by44 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. Shana Donathan v. Oakley Grain, Inc.Court of Appeals for the Eighth Circuit · 2017
  4. Dustin Hess v. Union Pacific Railroad Co.Court of Appeals for the Eighth Circuit · 2018
  5. BNSF Railway Co. v. United States Department of Labor Administrative Review BoardCourt of Appeals for the Eighth Circuit · 2017

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

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