BNSF Railway Company v. U.S. Dept. of Labor

Circuit 8Sep 3, 2026

Split Score

SplitScore: 57/100

Case Summary

Disposition

Vacated

The Eighth Circuit held that the Department of Labor’s order finding BNSF Railway liable for retaliatory discharge and awarding monetary and equitable relief violated BNSF’s Seventh-Amendment right to a jury trial. Concluding that the claim is legal in nature and does not fall within the public-rights exception, the court vacated the agency order and remanded.

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Circuit Split Identified

Legal Issue

Whether statutory whistleblower retaliation claims under 49 U.S.C. § 20109 may be finally adjudicated by the Department of Labor without providing the defendant a jury trial under the Seventh Amendment.

Circuit Positions

Circuit 8(this circuit)

Seventh Amendment entitles employers to a jury trial; Department of Labor may not finally adjudicate § 20109 retaliation claims seeking legal remedies.

Circuit 2

Public-rights exception allows Department of Labor to adjudicate § 20109 retaliation claims without a jury trial.

Conflict Summary

The Eighth Circuit concluded that retaliatory-discharge claims seeking legal remedies must be tried before a jury because they are analogous to common-law causes of action and do not fit the public-rights exception, whereas the Second Circuit in Yellow Freight System, Inc. v. Martin held that such claims could be adjudicated administratively without a jury under the public-rights doctrine.

Parties & Counsel

Parties

Appellant:BNSF Railway Company
Appellee:Secretary U.S. Department of Labor