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Urrutia v. BNSF Railway Co.

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  • Urrutia v. BNSF Railway Co.

    Date Decided: Oct 22nd, 2010
    Decided By: Washington Western District Court (Federal)
    Court: W.D.Wash.
    Citation: 2010 WL 4269246

    Background:
    Plaintiff, arailroad employee, brought this action, in part, against his employer, allegingthat the defendant, BNSF Railway, violated the Family Medical Leave Act("FMLA"), 29 U.S.C. 2601 et seq. Defendant filed a motion for summaryjudgment, asserting that the claim was barred by the statute oflimitations. Specifically, thedefendant alleged that the company action under dispute occurred more thanthree years ago when notice of the company's action was provided to theplaintiff. On the other side ofthe argument, the Plaintiff asserted that the statute of limitations onlybegins to run from the time of the company's final decision, regarding thematter in question, is issued. Plaintiff asserts that the statute of limitations does not begin to runfrom the date he is first notified of his employer's intent to act againsthim.


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