Railroads

Years of Experience in Railroad Law

Modrall Sperling's railroad practice section is comprised of a small group of experienced and knowledgeable lawyers with many years of experience in railroad law, civil litigation, trial practice and alternative dispute resolution. Our lawyers are actively involved in the National Association of Railroad Trial Counsel, and regularly attend national seminars to keep apprised of current developments in this area of law. Modrall Sperling has represented the Burlington Northern Santa Fe Corporation and its predecessors in New Mexico for many years and has represented Burlington Northern Santa Fe and other railroads in other parts of the country on Indian law matters.

Our Range of Representation

Modrall Sperling's railroad litigation lawyers are trial attorneys who also have a great deal of experience in alternative dispute resolution. A large part of our railroad litigation work experience arises out of defending personal injury claims arising under Federal Employers Liability Act (FELA) and accidents at public and private crossings. We have significant FELA experience involving all types of railroad employees (including trainmen, carmen, machinists, trackmen, linemen, signalmen and clerical workers) for all types of alleged injuries (including wrongful death and alleged injuries to the head, back, knees, ankles, feet, hands, arms and shoulders, as well as alleged carpal tunnel, toxic exposure, and post-traumatic stress).

A History of Obtaining Favorable Results for Railroads

While past successes are not an assurance of future success, our firm has obtained summary judgment in FELA cases based on statutes of limitations or failure of plaintiff to create a fact issue on liability. Our firm has also obtained favorable results for railroads on third party claims against insurers and contractors. Following the Easterwood decision, our firm has successfully obtained summary judgment in favor of the railroad based on federal preemption of speeding claims and inadequate warning device claims at public crossings.

We also have attorneys experienced in representing railroads on many other issues including employment law (such as alleged wrongful discharge); transactions; environmental concerns; land use, real estate, quiet title, eminent domain and right-of-way issues; third party liability, indemnity and insurance matters; and, the unique issues that can arise out of business activities on Indian lands.

Railroads Lawyers

 

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