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TOMPKINS v. METRO-NORTH COMMUTER R. CO.

No. 18-3174 August Term, 2019.

983 F.3d 74 (2020)

Shawn TOMPKINS, Plaintiff-Appellant, v. METRO-NORTH COMMUTER RAILROAD COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 17, 2020.

Attorney(s) appearing for the Case

Marc Wietzke , Flynn & Wietzke, PC, Garden City, NY, for Plaintiff-Appellant.

Helene R. Hechtkopf ( Miriam Manber , on the brief), Hoguet Newman Regal & Kenney, LLP, New York, NY, for Defendant-Appellee.

Before: Walker and Sullivan, Circuit Judges, and Nathan, District Judge.

Plaintiff Shawn Tompkins, a carman for Metro-North Railroad at the Croton-Harmon railyard, brought this action under the Federal Railroad Safety Act (FRSA),2 alleging unlawful retaliation for his refusal to walk outdoors to another building in the railyard in allegedly unsafe winter...

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