Federal Rail Safety Act whistle blower law continues to benefit from the cleansing effect of the Supreme Court’s unanimous decision in Murray v. UBS. In Ziparo v. CSX Transportation Inc., the Second Circuit’s application of Murray confirms the
Train Law Blog
The Source for Railroad Injuries & Whistleblower Protection
The Train Law Blog, published by Charles Goetsch Law Offices LLC, focuses on legal issues related to whistleblower protections in the railroad and maritime industries. It covers topics such as the Federal Rail Safety Act (FRSA), whistleblower retaliation claims, burden of proof standards in whistleblower cases, and recent legal developments affecting railroad and maritime workers. The blog also discusses landmark court decisions and regulatory actions, including those involving the Seaman's Protection Act (SPA) and OSHA enforcement against maritime employers. It provides analysis on employer policies, employee rights, and the legal framework governing safety reporting and retaliation in transportation sectors.
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How to Make Railroads Pay for “Late” or “False” Injury Report Discipline
The Supreme Court’s landmark decision in Murray v. UBS eliminates the use of “intentional retaliation” to defeat Federal Rail Safety Act whistleblower cases. But Murray does much more than that. By clarifying the FRSA’s two step burden of proof, it…
Spotlight on Maritime Whistleblowers
Just as the FRSA protects rail workers who report safety hazards, the Seaman’s Protection Act (SPA) protects mariners who report safety issues directly to the U.S. Coast Guard. But the American division of the Maersk international shipping conglomerate prohibits…
The Death of “Intentional Retaliation”
In a unanimous opinion, the United States Supreme Court today put an end to the bogus idea that whistleblower employees have to prove “intentional retaliation.”
The question in Murray v. UBS Securities LLC was whether whistleblower protection statutes such as…
The End of “Intentional Retaliation”
After today’s oral argument at the U. S. Supreme Court, the concept of “intentional retaliation” in whistleblower cases is on life support, and I predict that in a few short months the Supreme Court will pull the plug on it…
A Landmark Seaman’s Protection Act Development
Just as the FRSA does on the railroad, the Seaman’s Protection Act (SPA) protects workers in the maritime shipping industry who report safety hazards. But there are only a handful of SPA whistleblower cases. Why the dearth of such cases?…
Another Circuit Holds Subjective Belief Alone Is Enough
The FRSA protects employees from retaliation for “reporting, in good faith, a hazardous safety condition.” In a recent landmark decision, the 2nd Circuit Court of Appeals held that such good faith only requires proof of a subjective belief, and rail…
Transportation Infrastructure Fraud Whistleblowing
By now most rail industry union reps and attorneys know there are federal statutes protecting railroad and mass transit employees from whistleblower retaliation. But there is another special federal law that allows such workers to reap multimillion dollar bounties.
The…
FRSA Alert! Landmark Decision Clarifies Good Faith Safety Reporting
The FRSA protects employees from retaliation for “reporting, in good faith, a hazardous safety or security condition.” But what exactly does that mean? In a case of first impression for the Circuit Courts, the Second Circuit analyzes the plain meaning…
What Is Clear and Convincing Evidence?
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…