Free Newsletter
Negligence: FRSA-Retaliation-Jury Instructions
Staff Report//September 18, 2019//
Where a plaintiff who suffered an eye injury while working for his railway employer challenged an adverse verdict on retaliation claims brought under the Federal Railroad Safety Act, the jury instructions misstated the “honestly held belief” defense in the context of the act’s contributing-factor standard and misallocated the burden of proof, and the composite error was prejudicial, so the judgment is reversed.
Judgment is reversed.
Blackorby v. BNSF Railway Company (MLW No. 73833/Case No. 18-2372 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Western District of Missouri, Bough, J. (Jeff R. Dingwall, San Diego, argued for appellant) (Bryan P Neal, Dallas, argued for appellee).
Legal Tech
- How ransomware tactics against law firms are changing
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
Latest Opinion Digests
- Criminal Law-Second-Degree Rape-Sufficiency of Evidence
- Criminal Law-Witness Tampering-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Abandonment by Counsel
- Criminal Law-Filing Criminal Charges-Attorney General Aid
- Criminal Law-Civil Commitment-Sexually Violent Predator
- Criminal Law-Assault-Prosecutorial Misconduct
- Real Property-Prescriptive Easement-Public Right of Way
Top stories
- 8th Circuit reverses shoreline use permit revocation
- Missouri Bar committee seeks input on rural legal service gaps
- Appeals court orders new look at conversion therapy case following Supreme Court ruling
- Jury finds seat belt maker liable in $40.5M child injury case
- Injured motorist recovers policy limits, plus medical damages in under a year
- Mother obtains six-figure settlement after rear-end crash leads to lifelong pain
- 8th Circuit affirms denial of preliminary injunction against SB 751
- New dedicated coverage of tech challenges facing law firms and legal departments
