Spring, TX asked in Civil Rights, Employment Law and Employment Discrimination for Texas

Q: What are the statue of limitations in an ADA case that was dismissed without prejudice for being filed in the wrong

Court when you're with a union. Judge said it was part of railroad act... Please help. Can the case be filed within the two year mark

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Your submission raises a complex question as to whether your claim under the ADA is preempted by the RLA or by the terms of your union’s collective bargaining agreement with your employer.

See https://www.thefreelibrary.com/Protecting+railroad+workers+with+the+ADA.-a016995247

Without reviewing your collective bargaining agreement and thoroughly researching the current state of the law as to the preemption arguments and thoroughly analyzing the court opinion in your case to determine how the question of jurisdiction was addressed, it is not possible to answer your question.

Your own lawyer in your ADA case ought to be far more familiar with these complex arguments than a stranger in a forum like this.

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