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Tag Archives: Connecticut false claims act lawyer

Recent FRSA Circuit Court Decisions

Posted in Federal Rail Safety Act
The 8th Circuit has issued a spate of FRSA decisions falling outside the main stream of other Circuits. It is important to put them in perspective. Araujo v. Kuduk: a distinction without a difference Citing the Congressional Record and the leading whistleblower decision in Marano v. Dep’t of Justice, 2 F.3d 1137, 1140 (Fed. Cir.… Continue Reading

New Guidelines on FRSA Settlement Agreements

Posted in Federal Rail Safety Act
Recognizing it’s hard to blow the whistle once you’ve been gagged, OSHA has issued new guidelines prohibiting the use of gag and confidentiality clauses in settlement agreements. See Policy Guidelines for Approving Settlement Agreements in Whistleblower Cases. OSHA reviews settlement agreements between whistleblowers and their employers “to ensure they are fair, adequate, reasonable, and in… Continue Reading

Expansive Scope of FRSA Adverse Action

Posted in Federal Rail Safety Act
The boundaries of Federal Rail Safety Act adverse action keep expanding. In Fricka v. National Railroad Passenger Corporation, the Administrative Review Board confirms that FRSA adverse action goes far beyond the limits set by Title VII and Burlington Northern v. White. For example, the following actions are adverse under the FRSA: merely threatening discipline against… Continue Reading

FRSA Alert! Expansive Scope of Employee Right to Medical Treatment Confirmed

Posted in Federal Rail Safety Act
Federal Rail Safety Act Subsection (c)(1) prohibits railroads from denying, delaying, or interfering with the medical treatment “of an employee who is injured during the course of employment.” And (c)(1) also requires that railroads provide prompt transportation to the nearest hospital for employees who are “injured during the course of employment.” Now, in a case… Continue Reading

Article Confirms Railroad Culture of Retaliation

Posted in Federal Rail Safety Act
Although it comes as no surprise to railroad employees, an investigative article exposes for the rest of the country how railroads continue to retaliate against workers who report safety hazards or injuries. The article is entitled: For Big Railroads, a Carload of Whistleblower Complaints and is published by FairWarning Reports. The article notes that from… Continue Reading

More On the FRSA’s “Clear and Convincing Evidence” Defense Standard

Posted in Federal Rail Safety Act
On the heels of its signal en banc decision in Powers v. Union Pacific Railroad Company, the Administrative Review Board has issued another important decision further clarifying the standard for a “clear and convincing evidence” defense in Federal Rail Safety Act whistleblower retaliation cases. The case is the ARB’s decision affirming the remand ruling in… Continue Reading

Another Circuit Court Shoots Down “Election of Remedies” Defense

Posted in Federal Rail Safety Act
In a resounding decision, the 4th Circuit Court of Appeals explains why a rail worker’s pursuit of a racial or sexual discrimination claim does not constitute an “election of remedies” barring that worker from pressing a Federal Rail Safety Act Section 20109 whistleblower retaliation claim. In Lee v. Norfolk Southern Railway Company, carman Charles Lee… Continue Reading

When Context Is Everything

Posted in Federal Rail Safety Act
When does a sentence not mean what it seems to say? When it is quoted out of context. And that is certainly the case with one sentence in the 8th Circuit’s Kuduk v. BNSF Ry. Co., 768 F.3d 786 (8th Cir. 2014), decision railroad attorneys love to rip out of context and wave at judges… Continue Reading

FRSA District Court Decisions Update

Posted in Federal Rail Safety Act
The trickle of federal district court FRSA decisions has turned into a steady stream. To keep up, here is a listing of recent district court opinions interpreting Section 20109 of the Federal Rail Safety Act, with a summary of their significance. Temporal proximity Myles v. Northeast Ill. Reg’l Commuter Rail Corp., 2015 U.S. Dist. LEXIS… Continue Reading

A Miscellany of FRSA Updates

Posted in Federal Rail Safety Act
Here are some “need to know” developments affecting Federal Rail Safety Act Section 20109 railroad whistleblower retaliation matters. New Rules of Practice For ALJ Trials As of June 18, 2015, a new set of Rules of Practice and Procedure will apply to the trial of whistleblower cases before U.S. DOL Administrative Law Judges. An increasing… Continue Reading

Federal Courts Protect Rail Workers Refusal To Violate Safety Regulations

Posted in Federal Rail Safety Act
Rail workers under management pressure to violate FRA safety regulations, take heart. Two ground breaking federal court decisions uphold your Federal Rail Safety Act right to be free from retaliation when you refuse to violate federal safety regulations. Gregory Morgan v. Norfolk Southern Railway Co., was brought by a Road Foreman after he was demoted… Continue Reading

The Price Railroads Pay For Ignoring the FRSA

Posted in Federal Rail Safety Act
Well over a year before its string of death and derailment, Metro North was subjected to the first Federal Rail Safety Act whistleblower jury trial in the nation, Barati v Metro North. During that trial, cross examination of the Heads of Metro North’s Safety, Training, and Track Departments exposed the disconnect between the Railroad’s window dressing… Continue Reading

Metro North Hit With Seven FRSA c(2) Violations

Posted in Federal Rail Safety Act, Railroad Injuries
Once again, the federal government is telling Metro North that its “discipline trumps safety” culture must change. OSHA’s Whistleblower Directorate has found Metro North violated subsection c(2) of the Federal Rail Safety Act in seven cases. In each case, the employee followed his doctor’s order to stay home because he could not safely perform his… Continue Reading

FRSA Miscellany

Posted in Federal Rail Safety Act
Here’s a Miscellany of Federal Rail Safety Act items, ranging from the United States Supreme Court to how to file in federal district court to how to award attorney fees. United States Supreme Court Cites Section 20109 Protecting whistleblowers has deep bipartisan support in Congress, and the United States Supreme Court also goes out of… Continue Reading