Rail, Grade Crossing, & FELA Defense
Rail, Grade Crossing, & FELA Defense involves representing railroads in litigation related to accidents at grade crossings, employee injury claims under the Federal Employers' Liability Act (FELA), and regulatory compliance to mitigate liability and ensure operational safety.
Why RHP
Efficient, Results-Oriented Representation of the Railroad Industry
For over 80 years, RHP attorneys have served as national and regional counsel for Class I railroads in multiple areas of defense litigation. The firm has represented one switching railroad in the St. Louis metropolitan area since that company's inception in the 1890s, and its representation has broadened with the expansion of the short line railroad industry.
RHP attorneys lead defense strategies for our railroad clients in civil lawsuits brought against them nationwide. Our specialized understanding of trial tactics, expert resources, and savvy negotiation has led to numerous defense verdicts and settlements favorable to our clients in even some of the most difficult jurisdictions for defendants. The firm has frequently been called upon by its clients and industry trade associations to provide analysis and advice concerning defense strategy, legal trends, and legislative developments of special interest to the railroad industry.
Team Players
Because of our long experience representing the railroad industry, our lawyers understand our clients' needs and collaborate in order to tailor the best defense and trial strategy. We employ the “leave no stone unturned” philosophy in case evaluation and investigation, with trial preparation in mind from the outset of litigation.
FELA Defense
RHP's trial attorneys have handled thousands of Federal Employers’ Liability Act (FELA), Safety Appliance Act (SAA) and Locomotive/Boiler Inspection Act (L/BIA) cases for railroad clients.
Occupational Exposure
RHP represents Class I railroads as national coordinating and trial counsel in their occupational exposure litigation. The firm has essential and wide-ranging experience in preparing and trying occupational claims involving allegations of exposure to substances such as asbestos, diesel exhaust, benzene, silica, creosote, dusts, solvents, and other chemicals and products. The firm has had repeated success in defeating opposing medical causation and liability experts in exposure cases and has cross-examined many such experts utilized by the FELA plaintiffs’ bar. For many years, the firm has also successfully represented railroad clients in other occupational cases, including repetitive stress/cumulative trauma/musculoskeletal, rough ride, whole body vibration, carpal tunnel and noise-induced hearing loss claims.
Traumatic and Occupational Injury
RHP has served as national trial counsel for several of the nation’s Class I freight railroads and the nation’s largest passenger railroad, in traumatic and occupational injury lawsuits brought by both employees and non-employees. The firm has achieved great results in handling numerous FELA, SAA, and LIA cases alleging serious injuries and significant monetary damages, from inception through appeals. The firm's attorneys have aggressively deposed and cross-examined countless liability, medical, and damages experts often utilized by the plaintiffs' FELA bar.
Grade Crossing Accident Response, Investigation & Litigation
RHP’s attorneys have served as lead counsel to our railroad clients in responding to grade crossing accidents and defending claims arising from accidents involving individual or catastrophic injuries. Our firm has served as trial counsel for hundreds of serious grade crossing and trespasser suits involving potential catastrophic damage claims, with experience working cooperatively with all agencies at the scene of a serious accident, including government investigations.
FRSA Whistleblower Suits
RHP attorneys have extensive experience defending our Class I railroad clients in whistleblower claims arising under the Federal Railroad Safety Act, 49 U.S.C. § 20109.
Additional Representation
RHP also frequently represents and consults our railroad clients in a variety of other matters, including trespasser claims, property damage claims, third-party claims against and on behalf of the railroad, and many more.