Railroad

The seasoned litigators at Goldberg Segalla have decades of experience meeting the needs of our railroad industry clients, due in large part to our broad understanding of their operations and the unique laws and regulations that govern Class I, regional and short line railroads, and intermodal facilities. Our lawyers are keenly sensitive to the recent changes affecting our railroad clients and we actively partner with them to achieve their desired results. 

At Goldberg Segalla, our railroad team has skillfully and successfully litigated diverse matters for both passenger and rail carriers, including:

  • Federal Employers Liability Act (FELA)
  • Federal Railroad Safety Act (FRSA)
  • Federal Safety Appliance Act (FSAA) and Locomotive Inspection Act (LIA)
  • Uniform Intermodal Interchange and Facilities Access Agreement (UIIA)
  • Other federal and state regulations violations

We leverage our extensive experience and cutting-edge technology to provide our clients with high-quality litigation and settlement options — which often lead to significant savings through early settlement, dismissals, and favorable verdicts. Our clients have entrusted us with some of their most sensitive and highest-exposure claims, including death and catastrophic injuries. We have achieved positive results involving:

  • Blocked crossing and other regulatory claims involving railroad operations
  • Environmental claims
  • Freight disputes
  • Labor cases
  • Third-party tort claims
  • Toxic exposure claims, including asbestos, diesel exhaust, welding fumes, solvents, and other deleterious substances
  • Traumatic and cumulative occupational claims

We also assist our clients with specialized appellate work specific to defending railroads.

Representative Experience:
  • Defending a carrier against claims of retaliatory termination following an employee’s false report of an occupational injury under the FRSA
  • Defending a carrier against claims of retaliatory discipline and discrimination for an alleged failure to accommodate a physician’s treatment plan under the FRSA
  • Defending a carrier stemming from the death of a drayman in an intermodal yard under the FRA and UIIA
  • Defending a carrier for an alleged failure to provide a safe and regular walkway in compliance with FELA and the California Public Utilities Commission General Order 118
  • Defending a carrier from claims stemming from a fatality of a severely intoxicated trespasser on railroad tracks
  • Defending a carrier under the FSSA and FELA arising from the operation of a locomotive seat
  • Defending a carrier under the LIA and FELA for an alleged failure to warn of an open and obvious hazard in a locomotive
  • Defending a carrier in connection with the misuse of a manual handbrake in an intermodal yard under the FSSA and FELA
  • Defending a carrier in a claim involving slack action during the operation of a freight train
  • Defending a carrier for an alleged failure to eradicate rodent holes at an industry yard
  • Defending a carrier from a false claim of occupational injury in connection with the replacement of a railcar knuckle
  • Defending a carrier from claims stemming from a fatality at a road-rail grade crossings