142486P.pdf   06/04/2015  Kirk Ludlow  v.  BNSF Railway Company
   U.S. Court of Appeals Case No:  14-2486
   U.S. District Court for the District of Nebraska - Lincoln   
   [PUBLISHED] [Loken, Author, with Smith and Colloton, Circuit Judges] 
   Civil case - Employment law. In an action claiming wrongful termination in 
   violation of Nebraska public policy and whistleblower retaliation in 
   violation of the Nebraska Fair Employment Practices Act (NFEPA), defendant 
   had failed to preserve the issue of whether it was entitled to judgment as 
   a matter of law on the question of whether instructing plaintiff to cease 
   and desist from pursuing allegations of forgery as an employee of 
   defendant was not an unlawful practice under NFEPA because it did not 
   renew the issue in its post-verdict Rule 50(b)motion; even if it had been 
   preserved the district court properly analyzed and instructed the jury on 
   the question and the evidence was sufficient to support the verdict; 
   plaintiff presented sufficient evidence for a jury to find defendant 
   liable for unlawful retaliation under the cat's paw theory; argument that 
   the court erred in instructing the jury that plaintiff need only prove 
   that his protected activity was a motivating factor in his termination 
   rejected as the Nebraska Supreme court has held that only a causal 
   connection must be proved; no error in awarding attorneys' fees and costs 
   to plaintiff, including the cost of computerized legal research.