The Source for Railroad Injuries & Whistleblower Protection
Another federal district court judge has rejected rail management’s bogus "election of remedies" defense to Federal Rail Safety Act whistleblower retaliation complaints.
Reed v. Norfolk Southern Railway Company concerned a trackman who was fired after reporting an injury. While the Brotherhood of Maintenance of Way Employees union was representing him for that disciplinary action, Reed also filed a complaint…
A new web page for all things concerning the rights of railroad whistleblowers is now available on line. Go to "Rail Whistleblower Resources" for everything you need to know about the Federal Rail Safety Act. In addition to a "Summary of Rail Whistleblower Protection" and "Special FRSA Legal Standards," you will find the leading FRSA…
"If you see something, say something, except if you work for the railroad . . . " That was the theme of the nation’s second FRSA jury trial, resulting in a $1.5 million verdict for two workers who were disciplined after reporting a safety hazard. This was a FRSA only claim, and combined, the two…
The federal courts and Administrative Review Board now are moving in lock step regarding the employee friendly legal standards applicable to FRSA complaints. Building on the landmark Araujo v. New Jersey Transit Rail 708 F.3d 152 (3rd Cir. 2013) federal circuit court decision, the ARB in Hutton v. Union Pacific Railroad Company confirms that the FRSA’s…
Two recent decisions, one from a federal district court and the other from the Administrative Review Board, reject several of the defenses railroads have raised against Federal Rail Safety Act whistleblower retaliation cases.
Adding a FRSA Count to an FELA Complaint is Allowed
In Battenfield v BNSF Railway Company, Burlington Northern failed to prevent…
Just a quick post to let everyone know I now am practicing under my own firm and so have a new email address, namely charlie@gowhistleblower.com My cell number remains the same: 203-376-0526. As always, feel free to direct your Federal Rail Safety Act whistleblower questions and requests for help to me at charlie@gowhistleblower.com
The first federal Federal Rail Safety Act jury trial has resulted in an award of attorney fees based on the highest hourly rate in the history of the District Court. This Decision is important because it confirms that attorneys who successfully prosecute FRSA cases will receive top dollar compensation for all their time and efforts.…
One year ago I tried the first FRSA federal jury trial in the nation for my client Andy Barati. The U.S.District Judge who oversaw that trial now has upheld the jury’s verdict in full. In a 16 page landmark Decision, Judge Janet Bond Arterton rejected the Railroad’s arguments that the jury’s award of maximum punitive…
The law governing Federal Rail Safety Act retaliation complaints just got a whole lot clearer. In a precedent setting decision, a United States Circuit Court of Appeals has resoundingly confirmed the remedial purpose of the FRSA while clarifying the employee-friendly legal standards that apply to all FRSA complaints. As a result, Anthony Araujo v. New …
Griebel v. Union Pacific Railroad is yet another example of rail management’s attempt to circumvent the Federal Rail Safety Act through discipline for “false and misleading” injury reports. After Griebel reported a work-related injury, the Railroad fired him for a “failure to honestly and timely make a report of injury.” A Public Law Board eventually…