In 2007, Congress passed a law designed to change the profoundly unsafe workplace culture on our nation’s railroads: Section 20109 of the Federal Rail Safety Act. Eight years later, the concerted action of OSHA, judges, and juries have forced the railroads to move beyond denial and anger to a grudging acceptance of the fact
FRSA whistleblower retaliation
FRSA Update: Model Jury Instructions & Key Points
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In recent Federal Rail Safety Act developments, the 8th Circuit tries its hand at Section 20109 model jury instructions, and the Administrative Review Board underscores some key points of proof.
Jury Instructions
In addition to the battle tested Section 20109 jury instructions in Barati v. Metro North Railroad and Brig v. PATH, the 8th…
Late Injury Report Discipline Results in Summary Judgment Against Railroad
By Charlie Goetsch on
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…