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ZIPARO v. CSX TRANSPORTATION, INC.

Docket No. 20-1196-cv August Term, 2020.

15 F.4th 153 (2021)

Cody ZIPARO, Plaintiff-Appellant, v. CSX TRANSPORTATION, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2021.

Attorney(s) appearing for the Case

P. Matthew Darby , Berman, Sobin, Gross, Feldman & Darby, LLP, Lutherville, MD ( H. David Leibensperger , Berman, Sobin, Gross, Feldman & Darby, LLP, Lutherville, MD; Lawrence M. Mann , Alper & Mann, Bethesda, MD, on the brief), for Plaintiff-Appellant.

Joseph C. Devine , Baker & Hostetler, LLP, Columbus, OH ( Ryan A. Cates , Baker & Hostetler, LLP, Columbus, OH; Susan Roney , Benjamin Dwyer , Nixon Peabody, LLP, Buffalo, NY, on the brief), for Defendant-Appellee.

Before: Sack, Lynch, and Park, Circuit Judges.

This case presents a question of first impression: Does the Federal Railroad Safety Act's ("FRSA") prohibition of retaliation against employees who "report[], in good faith, a hazardous safety or security condition," 49 U.S.C. § 20109(b)(1)(A), protect only those employees who report conditions that a similarly...

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