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Railroad

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Appellate

We also play a significant role in shaping railroad law at the appellate level, with successful results in the U.S. Supreme Court, the Eighth and Ninth Circuit Court of Appeals, and Illinois and Missouri Supreme Courts and intermediate courts of appeal. We have briefed and argued many state and federal appellate cases that have had a lasting impact on railroad litigation, including a United States Supreme Court case rejecting the use of an official “approved” jury instruction in Missouri and a federal appellate court decision rejecting class action certification.
Partners
Alvey Jr., Thomas W.
Brown, Paul M.
Cornfeld, Richard S.
Dick, David A.
Godiner, Clifford A.
Goodloe, Allan
Hakes, William D.
Harla, Harlan A.
Jones, Thomas E.
Lamb, Nicholas J.
O'Keefe, David J.
Reitz, Kurt E.
Shaw, Booker T.
Stratmann, David A.
VanDorn, Erick E.
Associates
Bridges, Kristine Helen
Campbell, Crystal M.
Hitzemann, Christopher E.
Hooks, Heath H.
McGinley, Kevin C.
Rochat, Ross E.
  • Burlington Northern Santa Fe
  • CSX Transportation
  • Illinois Central Railroad Company
  • Kansas City Southern
  • Norfolk Southern
  • Rail America, Inc.
  • Union Pacific

Appellate
Norfolk Southern Railway Company v. Sorrell — Missouri’s jury instructions erroneously provided for different causation standards for an employer’s negligence and an employee’s contributory negligence under FELA.
Union Pac. R.R. Co. v. United States — Southern Pacific Empowered Employees Committee and four individual claimants commenced arbitration seeking severance benefits on behalf of approximately 310 former employees of the Southern Pacific Transportation Company (“SPTC”) who had lost their jobs when SPTC outsourced its MIS department. After an arbitrator ruled in favor of SPEEC on liability, Union Pacific Railroad (the successor to SPTC) appealed to the Surface Transportation Board. The STB affirmed the arbitrator and Union Pacific appealed to the D.C. Circuit where the ruling was reversed.
Eagle Marine Industries, Inc., et al. v. Union Pacific Railroad Company — Injunction against blocking of railroad crossing pre-empted by the Federal Railroad Safety Authorization Act of 1994 (“FRSA”) and violates Commerce Clause of United States Constitution.
Dawdy v. Union Pacific R. Co. — Trial court abused its discretion in denying railroad’s motion to transfer to another county for forum non conveniens..
Alcorn v. Union Pacific R. Co. —Punitive damage award of $50 million (reduced from a jury award of $120 million) in crossing case reversed for lack of sufficient evidence of complete indifference or conscious disregard of plaintiff’s safety.
Chandler v. Illinois Central R. Co. — Railroad owed no duty to install warning devices other than those approved by state regulatory body.