Legal Updates

Founding partner of Davis, Saunders & Miller Law Firm, Ben Saunders, was interviewed this month by New Orleans Biz Magazine regarding the status of the courts reopening.  To view Ben’s comments on the effect the pandemic has had on the courts, see page 26 of Biz Magazine: https://issuu.com/renaissancepublishing/docs/biz_april_new?fr=sNGZjNzIzNzExMjI

The gears of the Justice System in Louisiana are spinning back to life.  On March 12, 2021, the Louisiana Supreme Court entered an Order that the moratorium on jury trials will expire on March 31, 2021.   “It is imperative that members of the public feel safe in returning to our courthouses for jury duty.  Serving as a juror is one of …

Last week, Rail Labor achieved a significant favorable decision in the U.S. Ninth Circuit Court of Appeals.  The case centered on the validity of the Federal Railroad Administration’s [“FRA”] regulations that would “cancel” or preempt state laws mandating a minimum of two person operating crews on freight trains.  The Court ruled that the FRA violated the Administrative Procedures Act when it did …

On February 3, 2021, the United States Supreme Court ruled in favor of a railroad worker appealing the denial of disability benefits by the U.S. Railroad Retirement Board [“Board”].  In a 6-3 decision in which Chief Justice Roberts and Justice Kavanaugh joined the more liberal Justices, the Court held that when the Board refuses to re-open a previous benefits determination, …

Davis, Saunders & Miller is pleased to announce that our attorneys, Benjamin Saunders and Joseph Miller, have been voted “Best Lawyers” in the field of Railroad Law in this month’s February 2021 issue of BIZ New Orleans Magazine.  Congratulations to Ben and Joe!   https://www.bizneworleans.com/2021-best-lawyers/

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 …

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 …

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 …