Legal Updates

Legal Update – January 29, 2021

Practice Point:  One of the most difficult decisions our injured railroad clients must make is the decision to settle their case or take it to trial.  There are dozens of factors that weigh on this decision, but there is one factor worth addressing that one of our clients and DSM was recently forced to grapple with.   Until 2019, if …

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Legal Update – January 6, 2021

Practice Point:  First off, Davis, Saunders & Miller Law Firm wishes everyone a Happy New Year!  At DSM, we see that railroad companies sometimes do not train its managers properly about the rights of its own employees.  Just this week, DSM saw where a railroad worker was injured at work, and, while the worker was at the doctor’s office in …

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Legal Update – December 16, 2020

Yesterday, the National Transportation Safety Board [“NTSB”] issued a safety recommendation to the railroad industry “to mitigate the risks of High Hazard Flammable Trains.”  To paraphrase, this recommendation would require all trains to have a minimum of five non-placarded (non-hazardous material) rail cars in a train of any length transporting hazardous materials.  These non-hazardous cars act as buffers to reduce …

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Legal Update- December 4, 2020

Despite increasing courthouse shutdowns as we approach 2021, Davis, Saunders & Miller is committed to moving our clients’ cases forward.  Through Zoom, Microsoft Teams, and Teleconferencing, we are setting mediations and settlement conferences and helping our clients resolve their cases for fair and full value.  To our past, current, and prospective clients, DSM is fully staffed and available for socially …

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Legal Update – November 20, 2020

Practice Point:  If you are injured working on the railroad, you are not covered under State Workers’ Compensation Laws.  When most people go to a medical provider, they are asked:  “Did this injury happen at work?”  The medical provider then will not allow treatment until it is approved through the workers’ compensation case manager. As a result, treatment for a …

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Legal Update – November 12, 2020

Practice Point:  DSM will be adding to our Legal Updates periodic Practice Points.  Today, we start with the essential basics.  Whether you are injured at work at the railroad or injured in a car accident, the information you provide in a written statement is critical.  By the time your legal case begins, many of the facts will have been committed …

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Legal Update – November 5, 2020

Davis, Saunders, & Miller is pleased to congratulate our attorneys, Benjamin Saunders and Joseph Miller, for being recognized as  “TOP LAWYERS” by New Orleans Magazine in the field of Railroad Law!   https://www.myneworleans.com/2020-top-lawyers/

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Legal Update – October 30, 2020

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, the railroad usually insists that …

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