“BNSF Worker Seeks Full 8th Circ. Review In Retaliation Case”
A BNSF railroad worker asked the full Eighth Circuit on Monday to review a recent decision rejecting the $58,280 jury verdict he won in his retaliation suit claiming he was disciplined for not immediately reporting an on-the-job eye injury, saying the ruling distorts the standard for whistleblower actions.
Edward Blackorby is challenging an Eighth Circuit panel’s Feb. 27 decision overturning a Kansas City, Missouri, jury’s 2015 award of $58,280 in damages for emotional distress in his suit alleging BNSF Railway Co. violated the Federal Railroad Safety Act when it slapped him with a 30-day record suspension and placed him on a one-year probationary period. The panel remanded the case back to the district court for a new trial.
BNSF is represented by Bryan P. Neal of Thompson & Knight LLP.