Federal Employers Liability Act (FELA)

Cases — December 23rd through 29th, 2018

admin - January 9, 2019February 18, 2019 - Employment Agreement, Federal Employers Liability Act (FELA), Procedure, Tenth Circuit, Trade Secrets

Contract/Noncompete/Trade Secret/Wrongful TerminationDTC Energy Group, Inc., v. Hirschfeld (10th Cir., December 28, 2018) (affirming denial of DTC’s motion for preliminary injunction for, inter alia, breach of contract and misappropriation of trade secrets: DTC could not show that Hirschfeld’s ongoing solicitation of DTC clients violated his employment agreement)Workers Compensation/Occupational Safety and DiseaseSchulenberg v. BNSF Railway Company (10th Cir., December 27, […]

Cases — December 2nd through 8th, 2018

admin - December 5, 2018February 18, 2019 - Federal Employers Liability Act (FELA), Tenth Circuit

Workers Compensation/Occupational Safety and DiseaseStraub v. BNSF Railway Company (10th Cir., December 3, 2018) (reversing dismissal of Straub’s FELA claim insofar as it is based on Locomotive Inspection Act strict liability)

Cases — May 28th through June 3rd

admin - June 3, 2017 - Federal Employers Liability Act (FELA), Jurisdiction, United States Supreme Court

Discrimination/RetaliationHiatt v. Colorado Seminary (10th Circuit, June 2, 2017) (affirming summary judgment against Hiatt on her sexual discrimination and retaliation claims: Hiatt failed to show defendant’s actions were pretext for either discrimination or retaliation)Workers Compensation/Occupational Safety and DiseaseBNSF Railway Co. v. Tyrrell (U.S. Supreme Court, May 30, 2017) (reversing and remanding Montana Supreme Court holding that […]

Can a Railroad be Liable for Using an After-Market Air Conditioner?

D. Scott Crook - September 23, 2009 - Federal Employers Liability Act (FELA), Federal Locomotive Inspection Act (FLIA), Utah Supreme Court, Workers Compensation, Workplace Injury

The Utah Supreme Court issued a decision last week that will allow a railroad employee to pursue his claims for the injuries he suffered when he bumped his head on an overhead air-conditioner. The case entitled Raab v. Utah Railway Company will almost certainly become an oft-cited case in legal circles for its systematic analysis […]