Railroad Industry Litigation involves both unique equipment and a unique operating environment, where special legal rules and regulations apply. Our understanding of the interplay between the Federal regulations Federal Employees Liability Act (FELA) and state common law that we have successfully defended several of the country’s leading railroad companies.
Our lawyers have successfully handled personal injury and property damage litigation arising out of incidents such as train/motor vehicle railroad grade crossing accidents, train to train collisions and toxic exposure. Most of these cases involve catastrophic injuries with substantial damages which make for high-stakes litigation.
Our experience covers the broad spectrum from accident and pre-lawsuit investigations, to trial work, through appellate court arguments. Indeed, Eckert Seamans lawyers are at the forefront of the preemption issue. From our work on Railroad Industry Litigation, Eckert Seamans lawyers have also performed related engagements such as:
- Assisting in-house counsel in the preparation of responses to third party subpoenas relating to not-in-suit matters;
- Contract review and analysis;
- Assistance in the preparation of quarterly litigation reports to the Board of Directors regarding pending and threatened litigation against the client;
- Coordination of pattern litigation;
- Consultation with the engineering community on issues relating to product warnings, recalls and retrofit campaigns;
- Coordination of document retention policies;
- Use of case management technology for document intensive discovery and trial preparation.
Beyond railroad industry litigation, Eckert Seamans lawyers have experience with commercial railroad related disputes and issues, such as antitrust, intellectual property, patent infringement, pricing, rights of way, breach of contract and bankruptcy.
As with all of our legal work, Eckert Seamans draws upon its unsurpassed experience helping clients achieve their objectives. We apply to Railroad Industry Litigation our depth and breadth of experience, talented staff, technology and resources to deliver the highest quality representation in a cost-effective, timely and professional manner.
Lawrence R. Bailey, Jr.
White Plains, NY
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