With a long history in the United States, the railroad industry continues to play a vital role in transporting cargo across our nation. Our attorneys have an in-depth understanding of the railroad industry and are well-versed in navigating the special rules and regulations of the industry. Several of our attorneys have years of experience representing the railroad industry, including one with over 10 years of prior experience as a General Attorney with a Class 1 railroad.
We have represented major, regional, and short line railroads in state and federal courts and before administrative bodies in Arkansas, Illinois, Kansas, Missouri, New York and Oklahoma, in a wide variety of matters, including:
- FELA matters (both traumatic incidents and occupational diseases)
- Crossing closures
- Grade crossing accidents
- Labor & employment
- OSHA violations
- Personal injury claims
- Property damage claims
- Trackage rights disputes
Some of our attorneys have been recognized by The Best Lawyers in America publication as being among the best railroad litigators in the nation, and the firm has been recognized by the publication for its railroad work at both the national and local levels. Additionally, our attorneys are active members of the American Short Line and Regional Railroad Association (ASLRRA) and the National Association of Railroad Trial Counsel (NARTC), with one of our attorneys serving as the current Chair of the ASLRRA General Counsel Committee, a committee consisting of in-house counsel for railroads throughout the country and the outside counsel representing them.
For more information about the services we provide to the Railroad industry contact John Patterson in Kansas City at 816.471.2121 or John Lord in St. Louis at 314.345.5000.
Blog Posts
05.19.20 | On March 11, 2020, the U.S. Court of Appeals for the Eighth Circuit affirmed an Eastern District of Missouri judgment, finding that the Plaintiff failed to establish that a product was inherently defective or dangerous, where he had failed to provide evidence of when a product entered the stream of commerce.
03.11.20 | Missouri Supreme Court held the Missouri Human Rights Act is not a remedy for out-of-state employees aggrieved by discriminatory practices of Missouri-headquartered companies.
03.02.20 | The data is out on Kansas City area jury verdicts for calendar year 2019, and it contains mostly good news for defendants. While the total number of jury verdicts was up slightly from 2018, the percentage of those verdicts in plaintiffs' favor was down, with nearly 60% of claims that went to a jury ending in a defense verdict. 2019 also saw a drop of almost 30% in the number of verdicts over $1 million. Although the data shows a rise in the average verdict amount, that increase is entirely attributable to a single mega verdict of more than $100 million; controlling for that outlier, the size of the average award was also down significantly.
02.12.20 | City of St. Louis has seen a steady decline on the judicial hellhole rankings with modest reforms but the Illinois counties of Madison and St. Clair remain hotspots for asbestos litigation and "no-injury" BIPA lawsuits according to the 2019/2020 American Tort Reform Foundation Judicial Hellholes Report.
02.12.20 | City of St. Louis has seen a steady decline on the judicial hellhole rankings with modest reforms but the Illinois counties of Madison and St. Clair remain hotspots for asbestos litigation and "no-injury" BIPA lawsuits according to the 2019/2020 American Tort Reform Foundation Judicial Hellholes Report.
02.06.20 | The new rule governing special interrogatories gives the trial court power to prevent confusing special interrogatories, as the one in Doe v. Alexian Brothers Behavioral Health Hosp., but it also rips away an important tool for the defense. 735 ILCS 5/2-1108.
01.28.20 | As a flood of lawsuits continue to be filed under the Illinois Biometric Information Privacy Act, many businesses are now aware of the Act and the potential for significant liability under it. However, is your business aware of multiple privacy laws recently proposed by the Illinois General Assembly, some of which create private rights of action for violations? In honor of Data Privacy Day, we examine several privacy bills that, if enacted, could have a significant impact on companies that transact business in Illinois.
12.11.19 | The Missouri Court of Appeals (Western District) recently reversed a defense verdict because the trial court's verdict directing instruction, taken from the Missouri Approved Instructions, didn't accurately state the law applicable to Plaintiff's claim.
10.14.19 | The U.S. Court of Appeals for the Eighth Circuit has, for the second time, reversed and remanded a railroad employment case. Both reversals were based on jury instructions the Court deemed erroneous.
09.13.19 | Though seemingly obvious, the Eighth Circuit affirmed arbitration agreements are not immune to contract law basics when it denied an employer's motion to compel arbitration for lack of acceptance.
08.21.19 | The U.S. Supreme Court recently resolved a split among state and federal courts on the issue of whether lost wages under the Federal Employers' Liability Act (FELA) are taxable under the Railroad Retirement Tax Act (RRTA). The Illinois Appellate Court was one of the first in the nation to apply the Supreme Court's holding that awards of lost wages in FELA cases are taxable.
07.16.19 | SECOND UPDATE: Missouri Governor Mike Parson signs Senate Bill 7, which amends venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
05.20.19 | UPDATE: House Passes Senate Bill 7, in which the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
03.18.19 | In Senate Bill 7, the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
01.08.19 | The Eighth Circuit affirms summary judgment in an employer's favor in a disability discrimination case, where the employee's excessive absenteeism was attributed to a disability and other family medical issues.
12.26.18 | Defense attorneys beware. The 2018-2019 American Tort Reform Foundation's (ATRF) Judicial Hellholes Report is out, and the City of St. Louis landed fourth on this list because of its massive verdicts, forum shopping, and legislative failures.
08.24.18 | The Eighth Circuit Court of Appeals recently held that a railroad's products liability and breach of contract claims that were based on federally-imposed standards of care are not preempted. BNSF Railway Co. v. Seats, Inc., (No. 17-1399, 8th Cir. 2018).
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