ROSSI VUCINOVICH CLIENT WINS APPEAL AGAINST RAILROAD

In a smashing success for Mike Elliott, the 9^^ Circuit Court of Appeals resignedly affirmed the large jury

verdict award in favor of Mike Elliott for BNSF's violation of the FRSA or Whistleblower Act. As the

attached memorandum indicates, each and every argument BNSF put forward on appeal was shot down

in summary fashion. Some of the highlights include:

• Substantial evidence supports the jury's finding that Elliott's safety complaints were a

"contributing factor" in the investigative hearings and Elliott's termination. Substantial evidence

likewise supports the jury's findings that BNSF did not sincerely and honestly believe Elliott

actually engaged in misconduct warranting dismissal.

• Moreover, a reasonable jury "could have concluded BNSF manufactured the physical altercation

with his supervisor to create a pre-text for the retaliatory actions."

With the affirmation of the verdict, BNSF's only recourse now is to appeal to the United States Supreme

Court, where it is very unlikely the court will agree to hear this case. Therefore, Mr. Elliott has received

vindication once again and affirmation of his $1,250,000 verdict which included $1,000,000

compensatory damages, $250,000 in punitive damages as well as over $400,000 in attorneys' fees and

costs. Mr. Elliott plans to tax his attorneys' fees and costs for having won at the 9^^ Circuit Court of

Appeals as well. Congratulations to Mr. Elliott.