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PAN AM RAILWAYS, INC. v. U.S. DEPT. OF LABOR

No. 16-2271.

855 F.3d 29 (2017)

PAN AM RAILWAYS, INC., Petitioner, v. UNITED STATES DEPARTMENT OF LABOR, Respondent, Jason Raye, Intervenor.

United States Court of Appeals, First Circuit.

April 21, 2017.

Attorney(s) appearing for the Case

Andrew J. Rolfes , Philadelphia, PA, with whom Robert S. Hawkins and Buchanan Ingersoll & Rooney, P.C., New York, NY, were on brief, for petitioner.

Dean A. Romhilt , Senior Attorney, Office of the Solicitor, U.S. Department of Labor, with whom Nicholas C. Geale , Acting Solicitor of Labor, Jennifer S. Brand , Associate Solicitor, and Megan E. Guenther , Counsel for Whistleblower Programs, were on brief, for respondent.

Stephen J. Fitzgerald , with whom Garrison, Levin-Epstein, Fitzgerald & Pirrotti, P.C., New Haven, CT, was on brief, for intervenor.

Before Howard, Chief Judge, Selya and Lynch, Circuit Judges.

This is a petition for review, in a Federal Railroad Safety Act ("FRSA") whistleblower retaliation action, of an agency decision resulting in the statutory maximum award of punitive damages against a railroad. The railroad brought charges of dishonesty and insubordination, as well as threats of dismissal, against an injured...

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