BLACKORBY v. BNSF RY. CO.

No. 15-3192.

849 F.3d 716 (2017)

Edward BLACKORBY, Plaintiff-Appellee v. BNSF RAILWAY COMPANY, Defendant-Appellant. Secretary of Labor, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 27, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Bryan P. Neal , of Dallas, TX. The following attorneys appeared on the appellant brief; Kendall Paul Day , of Kansas City, MO., David M. Pryor , of Fort Worth, TX., Olawale O. Akinmoladun , of Kansas City, MO.

Counsel who presented argument on behalf of the appellee was Jeff R. Dingwall , of San Diego, CA. The following attorneys also appeared on the appellee brief; Erica Mynarich , of Springfield, MO., Charles Kiel Garella , of Charlotte, NC.

Counsel who presented argument on behalf of the amicus, Secretary of Labor, in support of the appellee was Sarah J. Starrett , US Department of Labor, of Washington, DC. The following attorney appeared on the amicus brief; Cerissa Cafasso , US Department of Labor, of Washington, DC.

Before COLLOTON, MELLOY, and SHEPHERD, Circuit Judges.


BNSF Railway Company ("BNSF") disciplined its employee, Edward Blackorby, for not promptly reporting a workplace injury. Blackorby sued, claiming BNSF's discipline violated the employee-protections provision of the Federal Railroad Safety Act ("FRSA"), 49 U.S.C. § 20109(a)(4). The case went before a jury, and after the...

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