Michael D. LOOS, Plaintiff - Appellant v. BNSF RAILWAY COMPANY, Defendant - Appellee American Association for Justice, Amicus on Behalf of Appellant(s) Michael D. Loos, Plaintiff - Appellee v. BNSF Railway Company, Defendant - Appellant United States of America, Amicus on Behalf of Appellant(s) American Association for Justice, Amicus on Behalf of Appellee(s)

The Supreme Court of the United States granted BNSF Railway Companys petition for a writ of certiorari to review our decision in Loos v. BNSF Ry. Co. , 865 F.3d 1106 (8th Cir. 2017). The Supreme Court has now reversed our judgment and remanded to this court for proceedings consistent with its opinion. BNSF Ry. Co. v. Loos , --- U.S. ----, 139 S.Ct. 893, --- L.Ed.2d ---- (2019). After further consideration, we reverse the judgment of the district court denying BNSFs request for an offset from the lost-wages award and remand that portion of the case for further proceedings consistent with the Supreme Courts opinion. We reinstate our judgment affirming the district courts grant of summary judgment to BNSF on Looss Federal Railroad Safety Act claim for the reasons stated in our original August 2017 opinion.