Opinion · Supreme Court of the United States

Union Pacific Railroad v. Moritz

Union Pac. R.R. v. Moritz, 488 U.S. 899 (1988)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1988-10-11
Topic
general

How later courts describe this case

  • holding "second and third questions . . . should be submitted to the jury"
  • "predict[ing] ... that the New Jersey Supreme Court would confine the tort of unlawful retaliation to formal personnel actions that have an effect on either compensation or job rank...."
  • "[P]redict[ing] . . . that the New Jersey Supreme Court would confine the tort of unlawful retaliation to formal personnel actions that have an effect on either compensation or job rank. . . ."
  • rejecting a claim that interline balances held by a debtor railroad were trust funds, since "[n]othing in the way the [debtor] did business would have alerted other creditors that the funds ostensibly in its control were held in trust.”
  • employee’s speech touched upon public concern even though his sole purpose was to invalidate a promotional plan adverse to him
  • flatly rejecting the proposition that a finding of “potential” disruption could be sufficient to outweigh public employee’s interests in speaking out on matters of significant public concern and, instead, holding that a showing of actual disruption is required

Citator

UpLaw has not yet analyzed Union Pacific Railroad v. Moritz. The absence of a flag is not a finding that it is good law.

Cited by
72 opinions

C. A. 7th Cir. Certiorari de-

nied.

Justice White would grant certiorari.