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ROOKAIRD v. BNSF RY. CO.

Nos. 16-35786, 16-35931, 16-36062, 16-35787.

908 F.3d 451 (2018)

Curtis ROOKAIRD, Plaintiff-Appellee, v. BNSF RAILWAY COMPANY, a Delaware Corporation, Defendant-Appellant. Curtis Rookaird, Plaintiff-Appellant, v. BNSF Railway Company, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 8, 2018.

Attorney(s) appearing for the Case

Jacqueline M. Holmes (argued), Jones Day, Washington, D.C., for Defendant-Appellant/Cross-Appellee.

Christopher William Bowman (argued), William G. Jungbauer , Yaeger & Jungbauer Barristers PLC, Saint Paul, Minnesota, for Plaintiff-Appellee/Cross-Appellant.

Nichols D. Thompson , Nichols Kaster PLLP, Minneapolis, Minnesota; Lawrence M. Mann , Bethesda, Maryland; for Amicus Curiae Academy of Rail Labor Attorneys.

Partial Dissent by Judge Ikuta.

OPINION

These appeals follow a civil jury trial. The jury found that BNSF Railway Company violated the anti-retaliation provision of the Federal Railroad Safety Act ("FRSA") when BNSF fired Curtis Rookaird for, in part, refusing to stop performing an air-brake test on a 42-car train that he was tasked with...

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