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
Metro-North Railroad
Magical Thinking Does Not Release Pending FRSA Complaint
By Charlie Goetsch on
Posted in Federal Rail Safety Act
A federal district court has ruled that a General Release for a Federal Employers Liability Act personal injury does not also release a pending Federal Rail Safety Act complaint. In Tagliatela v. Metro North Railroad, 2012 U.S.Dist LEXIS 161835 (D.Conn. Nov. 13, 2012), custodian Ralph Tagliatela was disciplined for the “late reporting” of an…
More FRSA Developments
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Important developments in the Federal Rail Safety Act just keep coming. Here are a couple.
OSHA has issued another punitive damages award against Metro North Railroad, this time for harassing an injured employee by interfering with his medical treatment and recovery. The Finding in Cortese v. Metro North Railroad is especially notable because it recognizes…
First FRSA Jury Awards $1 Million in Punitive Damages!
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Yesterday, at the end of the first Federal Rail Safety Act jury trial in the nation, I asked the federal jury to send a message to every railroad in the country. An unmistakable message that singling out injured workers for discipline while ignoring management’s role will not be tolerated. An unmistakable message that rail management’s…
FRSA Protects Injured Workers From Medical Treatment Interference
By Charlie Goetsch on
Posted in Federal Rail Safety Act
In a major decision clarifying the scope of the Federal Rail Safety Act, OSHA confirms that a railroad’s denial, delay, or interference with an injured employee’s medical treatment constitutes adverse action recoverable under FRSA Section (a)(4). Section (a)(4) protects employees from adverse action due to the reporting of a work-related injury, and OSHA now…
FRSA Alert! FRSA Protects Non-Injury Absences From Discipline
By Charlie Goetsch on
Posted in Federal Rail Safety Act
WARNING UPDATE: see the 3rd Circuit’s decision in PATH v. U.S. DOL.
Any rail worker absence ordered by a treating doctor can no longer be used for attendance discipline purposes. That is the message of a ground-breaking decision interpreting the scope of FRSA protected medical treatment.
Subsection (c)(2) of the FRSA prohibits railroads from…
When Rail Workers Can Recover For Outrageous Conduct
By Charlie Goetsch on
A leading U.S. Circuit Court of Appeals has clarified when rail workers can recover damages for outrageous conduct by their employer railroad. Building on two cases that I handled (Metro North Railroad v. Buckley in the U.S. Supreme Court and Higgins v. Metro North Railroad in the Second Circuit), the Second Circuit Court of…
Major Decisions Mandate Full Award Of FRSA Attorney Fees
By Charlie Goetsch on
Posted in Federal Rail Safety Act
Fighting Federal Rail Safety Act claims just got a lot more expensive for railroads. Two recent appellate court decisions confirm that—no matter how small a worker’s FRSA economic damages may be–the railroad has to pay the FULL amount of the worker’s attorneys fees and costs. The appellate decisions apply to FRSA cases in the administrative…
FRSA Bars Discipline For “Late” Injury Reporting
By Charlie Goetsch on
Posted in Federal Rail Safety Act
It’s one of the hoariest acts in the railroad repertoire of retaliation: first, invent rules setting an arbitrary deadline for the reporting of injuries, and then use the threat of discipline under those rules to discourage the reporting of injuries. Classic examples of absurd reporting rules are Metro North Railroad’s “all injuries must be…
Metro North Hit With Highest FRSA Punitive Damages Yet
Once again, OSHA has slammed Metro North Railroad with punitive damages for disregarding the Federal Rail Safety Act rights of its employees. This time it is for using prior injuries to deny promotions, and the resulting punitive damage award is $125,000.
Like many railroads, Metro North has a policy and practice of considering an employee’s…