Exclusion of Liability Expert Leads to Summary Judgment for Railroad

The Box Butte County District Court of Nebraska granted partial summary judgment in favor of the railroad on the plaintiff’s claim under the Federal Employers’ Liability Act after excluding plaintiff’s liability expert, Tyler Kress. Kress’s opinions were offered in support of the plai
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Eighth Circuit Affirms Summary Judgment in Favor of Railroad

The U.S. Court of Appeals for the Eighth Circuit affirmed summary judgment in favor of the railroad on the plaintiffs’ claims under the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20109. The three plaintiffs claimed the railroad retaliated against them for engaging in protected
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Eighth Circuit Affirms Dismissal in Retaliation Case

The U.S. Court of Appeals for the Eighth Circuit affirmed the entry of summary judgment in favor of the railroad on the employee’s claim under the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20109. The employee, who was disciplined for a violation of the railroad’s safety rules,
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Judgment as a Matter of Law for Railroad Following Close of Plaintiff’s FELA Case

BNSF was granted judgment as a matter of law in a FELA jury trial upon the close of the plaintiff’s case, following three days of testimony in the U.S. District Court for Nebraska before the Hon. John Gerrard. BNSF had previously obtained summary judgment on the plaintiff’s FRSA, § 20
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Defense Verdict for Railroad in FELA Case

Following a two-day trial, a jury in the District Court of Scotts Bluff County, Nebraska returned a verdict in favor of the railroad on an employee’s claim under the Federal Employers’ Liability Act. Plaintiff claimed he injured his right shoulder while working on a steel gang and ope
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Eighth Circuit Affirms Dismissal in Medical Exam and Perceived Disability Discrimination Case

The U. S. Court of Appeals for the 8th Circuit recently affirmed the decision of the District Court of Nebraska that granted the trucking company summary judgment on all of plaintiff’s claims. The Court held the trucking company’s policy of requiring sleep apnea screening for drivers
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Summary Judgment for Railroad in Crossing Collision

The railroad was granted summary judgment on a driver’s negligence claims arising out of an incident where she drove her vehicle into a railcar at a railroad crossing. The driver initiated a lawsuit against the railroad claiming the railroad was negligent in occupying the railroad cro
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Eighth Circuit Affirms Dismissal of Obesity Discrimination Case

8th Circuit Affirms Dismissal of Obesity Discrimination Case The U.S. Court of Appeals for the 8th Circuit recently affirmed the decision of the U. S. District Court for the District of Nebraska that granted the railroad summary judgment in an obesity  and perceived disability discrim
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Summary Judgment for Railroad in Retailiation Case

The U.S. District Court for the Southern District of Iowa granted summary judgment in favor of the railroad against three plaintiffs in a lawsuit alleging retaliation for engaging in a protected activity under the Federal Railroad Safety Act (“FRSA”), 49 U.S.C. § 20109. During a train
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Summary Judgment in Medical Exam and Perceived Disability Discrimination Case

The U. S. District Court for the District of Nebraska granted the trucking company summary judgment on all of plaintiff’s claims. In the case, plaintiff claimed he was discriminated against in violation of the Americans With Disabilities Act (“ADA”), 42 U.S.C. § 12112(d)(4)(A), by the
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