GOETSCH: Yes, the employers must prove by clear and convincing evidence that they would have done the exact same thing in the absence of the railroad worker's activity. That's a very high hurdle to clear for any railroad.
LAW TRIBUNE: It's a brand new decision. Has it had any effect yet?
GOETSCH: This is not just having an impact in the Third Circuit. This is the first and only circuit court decision on the whistleblower standard nationwide, and it's having an effect on pending cases at the trial level, and also in circuit courts that are making decisions in this area. Other circuits are not bound by it, but they may well be persuaded by it. I think it's a very strong, well-reasoned decision — a landmark.•
