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FRESQUEZ v. BNSF RY. CO.

No. 21-1118.

52 F.4th 1280 (2022)

Brandon FRESQUEZ, Plaintiff-Appellee, v. BNSF RAILWAY CO., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Filed November 10, 2022.

Attorney(s) appearing for the Case

Bryan P. Neal , Holland & Knight LLP, Dallas, Texas ( Keith M. Goman , Hall & Evans, LLC, Denver, Colorado, with him on the briefs), appearing for Appellant.

Adam W. Hansen , Apollo Law LLC, Minneapolis, Minnesota ( Nicholas D. Thompson , Casey Jones Law, Appleton, Wisconsin, Jonathan L. Stone , Moody Law Firm, Portsmouth, Virginia, Eleanor E. Frisch , Apollo Law LLC, Minneapolis, Minnesota, and Colin R. Reeves , Apollo Law LLC, Brooklyn, New York, with him on the brief), appearing for Appellee.

Before TYMKOVICH, BRISCOE, and PHILLIPS, Circuit Judges.

Table of Contents

Introduction 1287

I. Factual background 1287

II. Procedural background 1293

III. Analysis 1295

A. Is BNSF entitled to judgment as a matter of law on the merits of Fresquez's claims because lie failed to prove that he engaged in any...

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