SEMO Services, Inc. v. BNSF Railway Company (2022)

Citation: SEMO Services, Inc. v. BNSF Railway Company (2022)
Parent Document: SEMO Services, Inc. v. BNSF Railway Company (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-12-13
Original Source: https://www.courtlistener.com/opinion/10630559/semo-services-inc-v-bnsf-railw... ↗

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Clinch is distinguishable from our matter. In Clinch, Nellestein was the sole actor who
focused exclusively on Clinch. He initiated the complaints against Clinch, using what could be
interpreted as incomplete information, and continued to fan the flames of discontent by calling
on the hospital to investigate. Unlike those factual circumstances, here, the initial complaining
party sounding the alarm is the outside, anonymous caller, not BNSF. Further, the caller did not
just accuse SEMO of improprieties but rather named multiple offenders, including BNSF’s own
employees. Unlike Clinch where the hospital investigation did not discover any problems with a

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