LOOS v. BNSF RAILWAY COMPANY (2019)

United States Court of Appeals, Eighth Circuit.

Michael D. LOOS, Plaintiff - Appellant v. BNSF RAILWAY COMPANY, Defendant - Appellee
American Association for Justice, Amicus on Behalf of Appellant(s) Michael D. Loos, Plaintiff - Appellee v. BNSF Railway Company, Defendant - Appellant United States of America, Amicus on Behalf of Appellant(s) American Association for Justice, Amicus on Behalf of Appellee(s)

No: 15-3355, No: 16-1123

Decided: April 15, 2019

Before GRUENDER, WOLLMAN, and ARNOLD, Circuit Judges.

Michael P. McReynolds, YAEGER & JUNGBAUER, Saint Paul, MN, Michael F. Tello, TELLO & ASSOCIATES, Anoka, MN, Michael A. Wolff, SCHLICHTER & BOGARD, Saint Louis, MO, for Plaintiff-Appellant. William A. Brasher, BOYLE & BRASHER, Saint Louis, MO, Sally Jean Ferguson, Allison LaFave, Lee A. Miller, Noelle L. Schubert, Stephen M. Warner, ARTHUR & CHAPMAN, Minneapolis, MN, Jacqueline M. Holmes, Nikki Lynn McArthur, JONES & DAY, Washington, DC, Charles Glaston Cole, Alice Elizabeth Loughran, STEPTOE & JOHNSON, Washington, DC, for Defendant-Appellee BNSF Railway Company. Jeffrey R. White, AMERICAN ASSOCIATION FOR JUSTICE, Washington, DC, for Amicus on Behalf of Appellant(s) American Association for Justice. Marion E.M. Erickson, U.S. DEPARTMENT OF JUSTICE, Tax Division, Appellate Section, Washington, DC, for Amicus on Behalf of Appellant(s) United States of America.

JUDGMENT

The Supreme Court of the United States granted BNSF Railway Company’s petition for a writ of certiorari to review our decision in Loos v. BNSF Ry. Co., 865 F.3d 1106 (8th Cir. 2017). The Supreme Court has now reversed our judgment and remanded to this court for proceedings consistent with its opinion. BNSF Ry. Co. v. Loos, ––– U.S. ––––, 139 S.Ct. 893, ––– L.Ed.2d –––– (2019). After further consideration, we reverse the judgment of the district court denying BNSF’s request for an offset from the lost-wages award and remand that portion of the case for further proceedings consistent with the Supreme Court’s opinion. We reinstate our judgment affirming the district court’s grant of summary judgment to BNSF on Loos’s Federal Railroad Safety Act claim for the reasons stated in our original August 2017 opinion.

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