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Ninth Circuit Revives Rail Worker’s Whistleblower Claims

By Lloyd B. Chinn, Pinchos Goldberg & Scott Tan on October 7, 2024

The Ninth Circuit’s recent decision in Parker v. BNSF Railway Company, 112 F.4th 687 (9th Cir. 2024) underscores the burden faced by employers in defending against whistleblower retaliation claims assessed under the burden-shifting framework of the Federal Railroad Safety Act (“FRSA”), which provides that an employee may not be…

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