Nall v. BNSF Railway Co.

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The panel opinion, special concurrence, and dissent previously issued in this case were withdrawn, and the following opinions were substituted in their place. Plaintiff filed suit against his employer, BNSF, for disability discrimination and retaliation after he was diagnosed with Parkinson's disease and later placed on medical leave. The Fifth Circuit reversed the district court's grant of summary judgment to BNSF on plaintiff's disability discrimination claim because there was a fact issue as to whether BNSF discriminated against plaintiff. However, the court affirmed the district court's judgment on the retaliation claim and held that plaintiff failed to establish a prima facie case of an unlawful retaliation. View "Nall v. BNSF Railway Co." on Justia Law