PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-2051

JUSTIN ADKINS; JUSTIN BLAKE; EDWIN GLOWACKI; ERIC JORDAN; KEVIN PALMER; DENNIS SARGENT; TRAVIS THORNSBERRY; MICHAEL WILLIAMS; JOHN BAKER; JAMES BLAIN; DEVERY BROWN; JAMES DEAL; JONATHAN JEFFERS; ROBERT MOSTELLER; MICHAEL L. POTTER; MICHAEL D. POTTER; JESSEE WALLACE; TIMOTHY WITT; JOHN BILLS; MICHAEL CLARK; RANDALL CRAYCRAFT; JOHN FRASURE; SAMMY MADDIX; JAMES STINNETT; TODD THAYER; MICHAEL CAMPBELL; TONY ABDON; THE ESTATE OF CHAD LITTLE; BRANDON ADKINS; JACQUELINE MARSHALL; HOMER MAYNARD; SCOTT MORRISON; JEREMY NAPIER; SHAWN PATTERSON; MATTHEW WOODS; JOHN CARPENTER; QUINCY CHRISTIAN; GREGORY HAMM; ETHAN MULLINS; MICHAEL OWENS; JONATHAN ROWE; DANNY STEWART; LLOYD WILLIAMS; DAVID MANIS; JOSHUA FERGUSON; ERIC SPEAKS; DONALD STEPHENS; JASON BARKER; CHAD DOWDY; JERRY FLOCKER; GROVER KELLEY; CHRISTOPHER CLAY STILTNER; DENNIS HUTCHINSON; JOSHUA HALL; ZACH POTTER; DEANNA LANHAM; SAMUEL PRESTON; BOBBY AKERS; GERALD BARBER,

Plaintiffs - Appellants,

v.

CSX TRANSPORTATION, INCORPORATED; CRAIG S. HELIGMAN, M.D.; GUS THOELE; CURT SHOGREN; MILTON STORM; DELANDO JONES; TOM DEANGELO; SHAWN LUSK; ELIZABETH CREEDON; KENNETH RAY EMERSON,

Defendants - Appellees,

and

CSX CORPORATION; DILLON DOUG JONES,

Defendants. USCA4 Appeal: 21-2051 Doc: 50 Filed: 06/16/2023 Pg: 2 of 19

Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Robert C. Chambers, District Judge. (3:18-cv-00321)

Argued: May 4, 2023 Decided: June 16, 2023

Before NIEMEYER, AGEE, and RUSHING, Circuit Judges.

Affirmed by published opinion. Judge Niemeyer wrote the opinion, in which Judge Agee and Judge Rushing joined.

ARGUED: Jeff R. Dingwall, EIGHT & SAND, San Diego, California; Gregory G. Paul, MORGAN & PAUL, PLLC, Pittsburgh, Pennsylvania, for Appellants. Brian David Schmalzbach, MCGUIREWOODS LLP, Richmond, Virginia, for Appellees. ON BRIEF: Melissa Foster Bird, NELSON MULLINS RILEY & SCARBOROUGH LLP, Huntington, West Virginia; Samuel L. Tarry, Jr., Tysons, Virginia, Davis M. Walsh, Kathryn M. Barber, MCGUIREWOODS LLP, Richmond, Virginia, for Appellees.

2 USCA4 Appeal: 21-2051 Doc: 50 Filed: 06/16/2023 Pg: 3 of 19

NIEMEYER, Circuit Judge:

On June 16, 2017, CSX Transportation, Inc. (“CSXT”) issued furlough notices to

employees at its facility in Huntington, West Virginia. Over the course of the weeks

following the issuance of those notices, over 65 employees submitted forms requesting to

take medical leave based on claimed minor soft-tissue injuries sustained while off duty.

The forms were similar in content; all were signed by one of two chiropractors; and all

called for medical leave of eight weeks or more. Under CSXT’s benefit plans, if an

employee were furloughed while on medical leave, the employee would receive health and

welfare benefits for up to two years. Otherwise, a furloughed employee would receive

such benefits for only four months.

Suspecting benefits fraud, CSXT charged the employees with violating its

workplace rule against dishonesty and, following hearings, terminated their employment.

In response to their termination, 58 employees commenced this action