When a rail worker proves that his or her FRSA protected activity was a contributing factor in the adverse personnel action, the railroad may nevertheless avoid liability if it proves by “clear and convincing evidence” that it would have taken the same adverse action in the absence of the protected activity. The burden of proof
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Two Recent FRSA Punitive Damages Decisions
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Here are two recent federal court decisions affirming the amount of punitive damages awarded by the Administrative Review Board and by a district court jury.
In Jason Raye v. Pan Am Railways, the Administrative Law Judge awarded the statutory maximum of $250,000 in punitive damages despite the fact Jason Raye was not actually disciplined and
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