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GRIMES v. BNSF RY. CO.

No. 13-60382.

743 F.3d 114 (2014)

Danny L. GRIMES, Plaintiff-Appellant, v. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 2014.

Attorney(s) appearing for the Case

Christopher W. Bowman (argued), Yaeger & Jungbauer Barristers, P.L.C., Saint Paul, MN, Robert Bradley Best , Holcomb, Dunbar, Watts, Best, Masters & Golmon, P.A., Oxford, MS, for Plaintiff-Appellant.

Margaret Sams Gratz, Esq. , Lucius F. Sams, Jr., Esq. , Mitchell McNutt & Sams, Tupelo, MS, Jacqueline M. Holmes (argued), Jones Day, Washington, DC, Andrea Hyatt , Burlington Northern & Santa Fe Railway Company, Fort Worth, TX, for Defendant-Appellee.

Before SMITH, DeMOSS, and HIGGINSON, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Danny Grimes appeals a judgment giving collateral-estoppel effect, in his Federal Railway Safety Act ("FRSA") suit, to a finding of fact made by a Public Law Board ("PLB") in the course of Grimes's pursuit of his rights under a collective bargaining agreement ("CBA") with BNSF Railway Company ("BNSF"). Concluding that the application of collateral estoppel was error, we vacate and remand. We also conclude that the election-of-remedies...

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