Smith-Bunge v. Wisconsin Central, Ltd., No. 18-1251 (8th Cir. 2019)Annotate this Case
The Eighth Circuit affirmed the district court's grant of summary judgment to Wisconsin Central in an action brought by plaintiff for unlawful retaliation under the Federal Railroad Safety Act. The court held that the district court did not abuse its discretion in denying plaintiff's request for the information defendant's expert acquired in preparation for trial under Federal Rule of Civil Procedure 26(b)(4). The court also held that the district court did not abuse its discretion in blocking a deposition of Wisconsin Central's counsel about her conversations with other employees and whether plaintiff's employment record caused his termination; the information was privileged; and thus the district court did not abuse its discretion in granting the protective order.
The court held that the district court properly granted summary judgment to Wisconsin Central because plaintiff did not make a prima facie case of retaliation under the Act. In this case, plaintiff failed to raise an inference of intentional retaliation prompted by any of his three specified acts, and no reasonable factfinder could infer a retaliatory motive.