[Download] "Rayner v. Smirl" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free

February 11, 2021

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. Â§ 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. Â§ 441, and the comprehensive remedial provisions incorporated therein, 45 U.S.C. Â§Â§ 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.