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Bien v. Union Pacific Railroad Company — 5th Cir. (argued September 2, 2026)

No. 26-40061 Argued September 2, 2026 Published September 3, 2026

The Fifth Circuit considers whether James Bien's ADA suit against Union Pacific was properly dismissed as untimely. Union Pacific removed Bien from conductor work after he failed color-vision testing in 2013. He passed another test in 2015 and asked the railroad to reconsider. Bien says he remained covered by a related class action, making his filing timely; Union Pacific says the certified class excluded him and his EEOC charge came too late. Donald E. Uloth will represent Bien. He will contend that the dismissal was improper because Bien remained within the revised class.

Bien v. Union Pacific Railroad Company (No. 26-40061) — U.S. Court of Appeals for the Fifth Circuit, argued September 2, 2026.

Sources
Argument audio — U.S. Court of Appeals for the Fifth Circuit (public domain, 17 U.S.C. § 105):https://www.ca5.uscourts.gov/OralArgRecordings/26/26-40061_9-2-2026.mp3
Argument record — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/oral-argument-recordings/results?docket=26-40061
Argument calendar — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/court-calendars/sitting?d=2026-09-02
Opinion search — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/results?docket=26-40061&group=flat
District-court order — U.S. District Court for the Eastern District of Texas:https://www.govinfo.gov/content/pkg/USCOURTS-txed-4_25-cv-00074/pdf/USCOURTS-txed-4_25-cv-00074-0.pdf
Federal Rules of Civil Procedure — U.S. Courts:https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf
American Pipe v. Utah — U.S. Reports, Library of Congress:https://tile.loc.gov/storage-services/service/ll/usrep/usrep414/usrep414538/usrep414538.pdf
Zaragoza v. Union Pacific — U.S. Court of Appeals for the Fifth Circuit:https://www.ca5.uscourts.gov/opinions/pub/23/23-50194-CV0.pdf
Appeal docket — Justia Dockets:https://dockets.justia.com/docket/circuit-courts/ca5/26-40061
Jimmie L. Pinkham III — Baird Holm LLP:https://www.bairdholm.com/attorneys/jimmie-l-pinkham-iii/
Jimmie L. Pinkham III attorney directory — USLAW:https://www.uslaw.org/lawyers/jimmie-l-pinkham-iii/

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