(Download) "Rayner v. Smirl" by United States Court of Appeals for the Fourth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Rayner v. Smirl
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 21, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
WILKINSON, Circuit Judge: The question here is whether the Federal Railroad Safety Act of 1970, 84 Stat. 971, as amended, 45 U.S.C. § 421-44, preempts a Maryland action for the wrongful discharge of a railroad employee who reports railroad safety violations of his employer. We hold that the federal ""whistleblower"" statute, 45 U.S.C. § 441, and the comprehensive remedial provisions incorporated therein, 45 U.S.C. §§ 441(c) & 153, are the railroad employee's exclusive remedy and therefore preempt his state-law claim. We affirm the judgment of the district court dismissing the employee's state action without prejudice to any federal remedies available to him.
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