8th Circ. Won't Revive Fired BNSF's Worker Retaliation Case

Law360 (July 31, 2020, 6:21 PM EDT) -- The Eighth Circuit refused Friday to put a fired worker's retaliation case against BNSF Railway Co. back on track, saying he didn't show his report of an ankle injury was the reason for his termination.

In its opinion, the three-judge panel said the district court correctly granted BNSF summary judgment in Jeffrey Neylon's suit claiming he was wrongfully terminated for engaging in protected activity under the Federal Railroad Safety Act.

The panel wasn't persuaded by Neylon's contention that he didn't have to show there was intentional retaliation in his case, noting it was bound by the decision of a prior panel....

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