Settlement agreement language in FELA cases can be tricky. It’s common for a railroad worker to suffer a specific on-duty injury and settle his/her FELA case. Then, years later the worker finds out s/he has an unrelated occupational illness because of exposure to harmful chemicals like asbestos, silica, and diesel fumes. In any FELA settlement, […]
Legal Update – October 30, 2020 Read More »
Davis, Saunders & Miller Law Firm is pleased to announce that Joe Miller has been appointed by the Academy of Rail Labor Attorneys [“ARLA”] to serve on the organization’s Trial Skills Committee. The goal of this Committee is to create a program that elevates the trial skills of ARLA members in their litigation practices representing
Legal Update – October 19, 2020 Read More »
This week the Occupational Safety and Health Administration, part of the U.S. Department of Labor, ordered CSX Transportation Inc. to pay in excess of $95,000.00 in back wages and reinstate an employee fired by the company for reporting an on-duty injury and an unsafe gate. OSHA also ordered the railroad to pay $75,000.00 in punitive
Legal Update – October 14, 2020 Read More »
This week the United States Supreme Court denied a Petition for Certiorari in a very important case that affects all railroad workers nationwide. SCOTUS denied hearing the appeal of Ammons v. Wisconsin Central Ltd. from the Illinois Supreme Court. There, the Illinois Supreme Court upheld the railroad’s efforts to counter sue its own injured employee
Legal Update – October 8, 2020 Read More »
Happy First Monday! The 2020-2021 U.S. Supreme Court term begins today. At DSM, rather than rely on news outlets to tell us what the Supremes are up to, we follow the Court through www.scotusblog.com. We urge our clients, friends, and family to use this great resource to stay current on the most pressing legal issues
Legal Update – October 5, 2020 Read More »
Although many of the U.S. Federal Courts and administrative departments are shut down for in person proceedings, last week, Davis, Saunders & Miller Law Firm held its first virtual trial with the U.S. Department of Labor on a very important railroad whistleblower protection case. A word of thanks to the U.S. Department of Labor in
Legal Update – October 4, 2020 Read More »
Derek Beach, age 32, was working as a mechanic aboard the Robert F. Bauer, a drilling vessel owned and operated by Global Santa Fe Drilling Company. The Bauer was engaged in oil drilling activities in the Atlantic Ocean off the coast of West Africa. Beach was ordered to manually transport an assembly of pipes and
Offshore Mechanic Injured Near West Africa Read More »
A recent Federal Department of Labor Administrative Law Judge (“ALJ”) decision highlights the tactics railroads use against their employees and one possible statutory remedy for those tactics. Jonette Nagra v. National R.R. Passenger Corp., Case No. 2012-FRS-74 (10/29/2013). Amtrak Engineer, Jonette Nagra, sustained a neck injury in a train/truck collision while working for Amtrak.
Railroad Punished After Failing to Allow Employee Back to Work Read More »
Not every case requires a lawsuit, many of which cost tens of thousands of dollars in expenses and can drag on for years due to delay tactics. When liability is clear and the medical facts are developed quickly, some cases can be fast-tracked for settlement without entering into expensive and time-consuming litigation. On April
A locomotive engineer lost his railroad career after rendering over 30 years of service to his Railroad Company. On the day of the accident, the engineer’s locomotive engine and train collided with a tractor-trailer, which had become hung-up/high-centered on the Bellevue Road “humped” railroad grade crossing in Waskom, Texas, located just across the border from Shreveport,
$325,000.00 Settlement for Knee Injury Read More »
