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Former Executive Seeks Dismissal of Retaliatory Claim Brought by Canadian National Railway Company

MEMPHIS – A motion to dismiss has been filed against Canadian National Railway Company (CN), after that company and its subsidiaries brought a complaint against Tracy Miller, demanding a seven-figure monetary penalty from the former CN executive.

The motion to dismiss was brought by Nashville-based Branstetter, Stranch & Jennings (BS&J) on Miller’s behalf, and was filed April 24 in the U.S. District Court for the Western District of Tennessee at Memphis.

The CN suit comes on the heels of a March 2019 racial discrimination complaint filed by Miller against his former employer. (/Fifth-Lawsuit-Filed-Against-Montreal-Based-Canadian-National-Railway-Co-for-Alleged-Racial-Discrimination-Retaliation.shtml)

Miller’s discrimination complaint has now been amended to include the claim of retaliation.

“CN’s counterclaim bears no merit,” said Joe P. Leniski Jr., attorney with BS&J. “The defendants fail to allege that Mr. Miller engaged in any conduct that breached the covenants described. In addition, they do not state a fraudulent claim for which relief can be granted, nor is there an equitable claim for unjust enrichment. As we’ve previously stated, this is a case in which a multi-billion-dollar corporation is targeting Mr. Miller for bringing his discrimination complaint, and is requesting unreasonable damages as ‘repayment’ for legitimately earned wages over the course of his career.”

Miller seeks dismissal of the countersuit on the grounds that CN and its subsidiaries lack subject matter jurisdiction, and that they have failed to state claims for breach of contract, fraudulent misrepresentation and unjust enrichment.


About Branstetter, Stranch & Jennings, PLLC (www.bsjfirm.com)

For more than 65 years, Branstetter, Stranch & Jennings, PLLC has been known for the quality of its advocacy and the integrity of its attorneys. The firm enjoys a national reputation of prominence in the complex litigation arena for its work in class actions, shareholder derivative claims, securities, ERISA, labor and employment, and other complex cases, both at the trial and appellate levels.

Branstetter, Stranch & Jennings, PLLC is dedicated to providing a full range of legal services to its diverse clientele. In addition to providing quality legal services, the firm is proud of the professional and civic leadership its members have provided, both locally and nationally. The firm’s former managing partner, Jane Branstetter Stranch, was nominated by President Obama to the United States Court of Appeals for the Sixth Circuit, and now serves as a judge on that court following her confirmation by the U.S. Senate. Branstetter, Stranch & Jennings, PLLC is listed in the Bar Register of Preeminent Lawyers, and was named among “Best Law Firms” by U.S. News & World Report for 2019, receiving the highest possible Nashville ranking as a Tier 1 in two practice areas.