| 25A740 |
BNSF Railway Company v. Tanner Lynn |
Minnesota |
2025-12-23 |
Application |
dormant-commerce-clause due-process interstate-commerce personal-jurisdiction service-of-process state-registration |
This application does not contain a "Question(s) Presented" section in the traditional sense. The document is an Application for an Extension of Time … |
| 25-450 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-10-15 |
Denied |
adverse-employment burden-shifting clear-and-convincing-evidence personnel-action protected-conduct whistleblower-protection |
Whether AIR 21's affirmative defense is satisfied where an employer proves protected activity played only a limited role along with non-protected cond… |
| 25A162 |
Paul W. Parker, as Personal Representative of the Estate of Curtis John Rookaird v. BNSF Railway Company, a Delaware Corporation |
Ninth Circuit |
2025-08-06 |
Presumed Complete |
affirmative-defense burden-shifting clear-and-convincing-evidence de-novo-review federal-railroad-safety-act protected-activity |
Whether a district court's determination of an employer's affirmative defense under the Federal Railroad Safety Act involves a mixed question of law a… |
| 24-1150 |
Clyde O. Carter, Jr. v. Lori Chavez-DeRemer, Secretary of Labor, et al. |
Eighth Circuit |
2025-05-09 |
Denied |
administrative-law burden-of-proof employment-retaliation federal-railroad-safety-act judicial-review whistleblower-protection |
Whether the burden of proof in a Federal Railroad Safety Act whistleblower complaint is prima facie or preponderance of evidence |
| 23A772 |
Jorge Galindo v. Nebraska |
Nebraska |
2024-02-23 |
Presumed Complete |
capital-sentencing death-penalty eddings-standard eighth-amendment mitigating-circumstances youthful-offender |
Whether a trial court's refusal to consider a defendant's youthful age as a mitigating circumstance in a capital sentencing proceeding violates the Ei… |
| 21-1296 |
City of Edmond, Oklahoma, et al. v. BNSF Railway Company |
Tenth Circuit |
2022-03-25 |
Denied |
federal-railroad-safety-act interstate-commerce interstate-commerce-commission-termination-act preemption public-safety rail-crossing-safety rail-safety railroad-preemption state-authority state-law statutory-interpretation |
Whether state laws affecting railroads are preempted under the ICCTA must consider all relevant federal railroad statutes, not just the ICCTA |
| 21-270 |
BNSF Railway Company v. Robert Dannels |
Montana |
2021-08-25 |
Denied |
federal-employers-liability-act non-frivolous-defenses preemption railroad-liability settlement settlement-obligations state-law-claims state-law-duties unfair-settlement-practices uniform-federal-framework |
Whether FELA preempts state-law duties that require a defendant to settle and pay FELA claims even when the defendant has non-frivolous defenses to li… |
| 19-625 |
Rita Guerrero, Individually and as the Special Administrator of the Estate of Celso N. Guerrero v. BNSF Railway Company |
Seventh Circuit |
2019-11-15 |
Denied |
federal-employers-liability-act interstate-commerce interstate-rail-service jury-trial negligence scope-of-employment seventh-amendment summary-judgment |
Whether the decision by the Seventh Circuit panel conflicts with provisions of the Federal Employers' Liability Act, and the uniform precedents of thi… |
| 18-1246 |
BNSF Railway Company, et al. v. Montana Eighth Judicial District Court, Cascade County, et al. |
Montana |
2019-03-26 |
Dismissed |
bad-faith bad-faith-claims federal-framework federal-preemption fela fela-preemption litigation-conduct railroad-liability self-insured-employer state-law-liability |
Whether FELA preempts bad-faith claims under Montana law that seek to impose state-law liability based on the litigation conduct of a self-insured emp… |
| 18-1139 |
BNSF Railway Company v. Equal Employment Opportunity Commission |
Ninth Circuit |
2019-03-04 |
Denied |
ada ada-discrimination americans-with-disabilities-act circuit-court-split disability discrimination employment employment-discrimination job-applicant job-applicant-rights job-duties medical-examination ninth-circuit reasonable-accommodation regarded-as regarded-as-disability |
Whether requiring an individualized medical examination as a condition of employment to determine whether a job applicant or employee can safely perfo… |
| 18-847 |
BNSF Railway Company v. Juanita Nye, as Personal Representative of the Estate of Jeffrey Nye |
Oklahoma |
2019-01-04 |
Denied |
federal-funding federal-rail-safety-act grade-crossing preemption state-tort-claim tort-claim warning-devices |
When the project documents and authenticating testimony demonstrate that federal funds participated in a state-wide project to install warning devices… |
| 18A1006 |
BNSF Railway Company, et al. v. Montana Eighth Judicial District Court, Cascade County, et al. |
Montana |
|
Presumed Complete |
civil-procedure discovery-violations federal-preemption interstate-commerce railroad-litigation state-court-sanctions |
Whether a state court can impose sanctions on a federal railroad for alleged discovery violations in a state court proceeding involving federal preemp… |