March 19, 2025
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
December 12, 2024
The full Ninth Circuit on Thursday agreed to reconsider retaliation allegations against BNSF Railway Co. brought by the estate of a former BNSF conductor claiming the railroad terminated him, in part, because he conducted a safety test.
August 09, 2024
The Ninth Circuit on Friday overturned BNSF Railway Co.'s win in a late conductor's retaliation suit on Friday, saying the railroad failed to show it would've terminated the worker regardless of his refusal to stop conducting a brake test — even though the employer has insisted he was mainly fired for insubordination and misreporting his time card.
July 13, 2023
An attorney for a former conductor fighting BNSF Railway Co.'s decision to fire him seemed to frustrate a Ninth Circuit judge Thursday, who said his repeated attacks on a lower-court ruling about the cause of his firing raise only factual questions disguised as legal arguments.
September 20, 2022
A Minnesota attorney claims "malicious activity" that automatically deleted emails with the phrase "bar association" led to his license lapsing in three states, as he pushes back on BNSF Railway's attempt to disqualify him from a labor dispute appeal over the episode.
September 09, 2022
Lawyers representing BNSF Railway in an employee lawsuit with an eight-year history are seeking disqualification of opposing counsel because he was suspended in three states when he filed a notice of appeal in the case.