Railroad Safety Act Violations

By: Derek Hawkins//November 1, 2016//

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7^th Circuit Court of Appeals

Case Name: Michael Koziara v. BNSF Railway Co.,

Case No.: 16-1577

Officials: BAUER, POSNER, and EASTERBROOK, Circuit Judges.

Focus: Railroad Safety Act Violations

The Federal Railroad Safety Act forbids a railroad to discharge or otherwise discriminate against an employee for conduct protected by the Act, including notifying the railroad that he has suffered a work‐ related injury. 49 U.S.C. § 20109(a), (a)(4). The plaintiff in this case was employed by BNSF Railway Company, the second‐ largest North American freight railroad, and brought this suit against the railroad for violating the provisions of the Railroad Safety Act that we just cited. A jury returned a verdict in favor of the plaintiff and awarded him damages, and the defendant, having failed to persuade the district judge to award judgment to it despite the jury’s verdict, has appealed.

Reversed with instructions to dismiss the suit

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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