Powers v. Union Pacific Railroad Company
Case No. 2010-FRS-030
We defended Union Pacific against whistleblower/retaliation claims under the FRSA. This originally arose out of a trial before an administrative law judge (ALJ) in Oregon. The ALJ ruled in favor of Union Pacific and dismissed the case. The plaintiff appealed to the Administrative Review Board (ARB). The ARB requested further briefing on the critical issue of the “contributing factor” analysis addressed in Fordham v. Fannie Mae, ARB N. 12-061 (2014). Additional briefing was filed and the ARB held an en banc hearing in January 2015. The ARB subsequently issued an order reversing the ALJ and remanding the case for further proceedings on the “clear and convincing” standard governing Union Pacific’s affirmative defense under the FRSA. Our contribution is ground-breaking work on this standard. The case is currently pending on remand.