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Employer – Employee : Retaliation – Federal Railroad Safety Act – Failure To Exhaust
Stephanie Maniscalco//August 18, 2017//
Employer – Employee : Retaliation – Federal Railroad Safety Act – Failure To Exhaust
Stephanie Maniscalco//August 18, 2017//
Where plaintiffs who were railway employees who were part of a crew involved in an accident in which a crew member fell from a bridge claimed that the railroad retaliated against them for providing information about a violation of federal railroad safety laws, the district court properly found that the plaintiffs failed to exhaust certain claims and that the claims that were properly exhausted failed on the merits.
Judgment is affirmed.
Foster v. BNSF Railway Company (MLW No. 70882/Case No. 16-1648 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, Southern District of Iowa, Jarvey, J. (Jeanette Stull, Lincoln, Nebraska, argued for appellant; Christopher H. Leach and Corey L. Stull appeared on the brief) (Bryan P. Neal, Dallas, argued for appellee; Andrew D. Weeks and Katherine Q. Martz appeared on the brief).
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