Legal Opinion

Marshall v. BNSF Railway Company

District Court, D. Kansas

Decided January 10, 2020No. 2:18-cv-02385Unknown

1Opinion

IN THE UNITED STATES DISTRICT COURT DISTRICT OF KANSAS Ervin J. Marshall, Jr., Plaintiff, v. Case No. 18-cv-2385-JWL BNSF Railway Co., Defendant. MEMORANDUM & ORDER Plaintiff Ervin J. Marshall, Jr. filed this lawsuit against his former employer, BNSF Railway Company, alleging discrimination, retaliation, harassment and constructive discharge in violation of the Age Discrimination in Employment Act,

29 U.S.C. § 621

et seq. After resolving defendant’s motion for summary judgment, three claims remain for trial—plaintiff’s claim that his August 19, 2016 decision to retire constituted a constructive…

2Cases cited11 opinions

  1. Beaird v. Seagate Technology, Inc.Court of Appeals for the Tenth Circuit · 1998
  2. Smith v. Diffee Ford-Lincoln-Mercury, Inc.Court of Appeals for the Tenth Circuit · 2002
  3. Denise Travis v. Gary Community Mental Health Center, Inc.Court of Appeals for the Seventh Circuit · 1991
  4. U.S. Equal Employment Opportunity Commission v. Consol Energy, Inc.Court of Appeals for the Fourth Circuit · 2017
  5. Merwin Moskowitz v. Trustees of Purdue University and Purdue UniversityCourt of Appeals for the Seventh Circuit · 1993

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