Legal Opinion
Despain v. BNSF Railway Co.
District Court, D. Arizona
Decided May 13, 2016No. CV-15-08294-PCT-NVWPublishedCited by 6 opinions
1Opinion of the Court
ORDER
Neil V. Wake, United States District Judge
In 2010, Gary Despain filed a complaint with the Secretary of Labor against his employer, BNSF Railway Company (“BNSF Railway”), alleging retaliation in violation of the Federal Railroad Safety Act. Five years later, the Secretary still had not reached a final decision. Despain then brought this action pursuant to the Act’s “kick-out” provision, which authorizes an “original action” in federal district court for “de novo review” in cases where the Secretary has not reached a final decision within 210 days. 49 U.S.C. § 20109(d)(3). BNSF Railway…
2Cases cited16 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Havens Realty Corp. v. ColemanSupreme Court of the United States · 1982
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dimauro v. Springfield Terminal Railway Co.District Court, D. Maine · 2016
- Gift v. Mexico Foods LLCDistrict Court, N.D. Texas · 2023
- Lenk v. Monolithic Power Systems IncorporatedDistrict Court, D. Arizona · 2025
- Lewis v. American Express CompanyDistrict Court, D. Arizona · 2025
- Lewis v. American Express CompanyDistrict Court, D. Arizona · 2025
1 more not listed; retrieve them via the Exa API.