United States Third Circuit

In suit alleging retaliation against plaintiff following his report of an emotional injury after he witnessed a fatal accident, a Federal Rail Administration reportable incident, summary judgment for defendant is reversed and remanded, where under the "contributing factor" and "clear and convincing evidence" burden shifting scheme applicable to the Federal Rail Safety Act: 1) the evidence presented by plaintiff was sufficient to show a prima facie case that plaintiff's decision to report a workplace injury was a contributing factor to defendant's decision to initiate disciplinary proceedings against him; and 2) and defendant is unable to rebut plaintiff's showing by clear and convincing evidence.

Appellate Information

• Decided 02/19/2013
• Published 02/19/2013

Judges

• COWEN

Court

• United States Third Circuit

Counsel