LOOS v. BNSF RY. CO.

No. 15-3355, No. 16-1123.

865 F.3d 1106 (2017)

Michael D. LOOS, Plaintiff-Appellant v. BNSF RAILWAY COMPANY, Defendant-Appellee. American Association for Justice, Amicus on Behalf of Appellant(s). Michael D. Loos, Plaintiff-Appellee v. BNSF Railway Company, Defendant-Appellant. United States of America, Amicus on Behalf of Appellant(s). American Association for Justice, Amicus on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2017.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant/cross-appellee was Michael A. Wolff , of Saint Louis, MO. The following attorney(s) also appeared on this brief; Michael F. Tello and Michael P. McReynolds , of Anoka, MN. Appearing on the Amicus Brief for The American Association for Justice in support of the appellant were Larry A. Tawwater and Jeffrey R. White of Washington, DC.

Counsel who presented argument on behalf of the appellee/cross-appellant were William A. Brasher , of Saint Louis, MO, and Nikki Lynn McArthur of Washington, DC. The following attorney(s) appeared on this brief; Alice E. Loughran , of Washington, DC., Sally J. Ferguson and Lee A. Miller , of Minneapolis, MN, Jacqueline M. Holmes , of Washington, DC., and Thomas P. McDermott of Saint Louis, MO. Counsel who presented argument on behalf of Amicus Curiae United States of America in support of BNSF Railway was Marion E.M. Erickson of Washington, DC. Also appearing on this brief was Jonathan S. Cohen of Washington, DC.

Before WOLLMAN, ARNOLD, and GRUENDER, Circuit Judges.


Michael D. Loos brought two claims against BNSF Railway Company: a retaliation claim under the Federal Railroad Safety Act ("FRSA") and a negligence claim under the Federal Employers Liability Act ("FELA"). The district court1 granted BNSF summary judgment on the retaliation claim, but the negligence...

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