ROLAND v. FLORIDA EAST COAST RY., LLC

No. 3D02-1405.

873 So.2d 1271 (2004)

Stephen P. ROLAND, Appellant, v. FLORIDA EAST COAST RAILWAY, LLC f/k/a Florida East Coast Railway Company, a Florida corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 2, 2004.


Attorney(s) appearing for the Case

Tilghman & Vieth, P.A.; Lauri Waldman Ross, Miami, for appellant.

Clarke, Silvergate, Campbell, Williams & Montgomery, and Spencer H. Silvergate, and Hannesson I. Murphy, Miami, and J. Michael M. Marshall, Ft. Lauderdale, for appellee.

Before COPE, GREEN and RAMIREZ, JJ.


On Rehearing Denied

COPE, J.

On consideration of the appellee's motion for rehearing we withdraw the court's previous opinion and substitute the following opinion.

Stephen P. Roland appeals an order dismissing his Florida whistleblower lawsuit on grounds of federal preemption. We conclude that federal law authorizes a railroad employee to invoke the protection of a state whistleblower statute. That being so, there is no federal preemption...

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