Train Law Blog

Train Law Blog

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Tag Archives: Connecticut false claims qui tam lawyer

Late Injury Report Discipline Results in Summary Judgment Against Railroad

Posted in Federal Rail Safety Act
Railroad defense lawyers love to file summary judgment motions because it delays the trial while padding their hourly bills.  But the Federal Rail Safety Act now allows employees to turn such motions into a sword that guts the railroad’s defense. The facts in Smith-Bunge v. Wisconsin Central, Ltd  follow a familiar pattern. Todd Smith-Bunge felt… Continue Reading

Two More Federal Court FRSA Decisions

Posted in Federal Rail Safety Act
Railroads are running out of defenses to the Federal Rail Safety Act. Their initial “election of remedies” gambit is dead and buried. Their second line of defense–charging employees who report injuries with “falsification and dishonesty”–has been obliterated by the “inextricably intertwined” principle upheld by judges and appellate courts. In desperation, railroads have been forced to… Continue Reading

Bad Week For Pan Am Railways

Posted in Federal Rail Safety Act
Twice in the same week, Pan Am Railways has been slammed with the statutory max in Federal Rail Safety Act punitive damages: once from a federal jury expressing its outrage at Pan Am’s profoundly unsafe culture and again from a Judge whose excoriating decision describes that culture in damning detail. The federal jury verdict came… Continue Reading