Train Conductor Beats Union Pacific Wordplay

Podcast: Swear on the Stand · Daniel W. Swear

Opublikowano: 2026-10-27

The Fifth Circuit reversed the district court's dismissal of James Bien's lawsuit against Union Pacific Railroad Company, concluding that his claims were protected by American Pipe tolling. Bien had previously worked as a conductor before receiving a color vision restriction, and he later sought reinstatement after mistakenly passing a subsequent vision test. When Union Pacific denied his request and a class action was subsequently filed, the lower court erroneously ruled that a narrower class definition unambiguously excluded Bien to trigger the expiration of his statute of limitations. The appellate court determined that because Union Pacific’s textual arguments relied on...