Legal Opinion

Gunderson v. BNSF Railway Co.

District Court, D. Minnesota

Decided June 30, 2014No. Case No. 14-CV-0223 (PJS/JJG)PublishedCited by 4 opinions

1Opinion of the Court

ORDER

PATRICK J. SCHILTZ, District Judge.

Plaintiff Paul Gunderson is a former employee of defendant BNSF Railway Company (“BNSF”). Gunderson brings this action under the whistleblower provision of the Federal Rail Safety Act-(“FRSA”), 49 U.S.C. § 20109, alleging that he was harassed and terminated from his job in retaliation for reporting safety violations and filing a personal-injury report. BNSF moves to dismiss this action on the ground that Gunderson has waived his right to bring it. For the reasons stated below, the Court denies BNSF’s motion.

*1260I. BACKGROUND

A. The Administrative Process

Secti…

2Cases cited16 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Mattes v. ABC Plastics, Inc.Court of Appeals for the Eighth Circuit · 2003
  3. Lavera Granetha Ashanti v. City of Golden ValleyCourt of Appeals for the Eighth Circuit · 2012
  4. Lawson v. FMR LLCSupreme Court of the United States · 2014
  5. Aten v. Scottsdale InsuranceCourt of Appeals for the Eighth Circuit · 2008

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

3Cited by4 opinions

  1. Paul Gunderson v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2017
  2. Despain v. BNSF Railway Co.District Court, D. Arizona · 2016
  3. Boles v. Union Pacific Railroad CompanyDistrict Court, W.D. Missouri · 2023
  4. Paul Gunderson v. BNSF Railway CompanyCourt of Appeals for the Eighth Circuit · 2017

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