A federal appeals court directed a Washington state district judge to review his decision permitting BNSF Railway Co. to evade liability in a former conductor’s retaliation lawsuit, despite acknowledging that the employee’s protected whistleblowing played a minimal role in his termination.
A divided three-judge panel of the US Court of Appeals for the Ninth Circuit on Friday partially reinstated a claim from the estate of former conductor Curtis John Rookaird, who accused the freight railroad giant of violating the Federal Railroad Safety Act’s anti-retaliation provision by firing him in part over his refusal to stop conducting an air brake safety ...
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performing work under U. S. Army contracts meant for small business subcontractors consists of recycled allegations that have been public for years, the joint venture told the Fourth Circuit. . . ....