Practice Areas & Industries: Goldberg Segalla LLP

 





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Practice/Industry Group Overview

The seasoned litigators at Goldberg Segalla have decades of experience meeting the needs of our railroad industry clients, due in large part to our detailed understanding of their operations and the laws and regulations that govern them. This unique understanding and appreciation of our clients’ business enables our lawyers to effectively partner with our railroad clients and help them achieve their desired results.

At Goldberg Segalla, we have an intimate understanding of the laws and regulations that apply to the railroad industry, including preemption involving various regulations promulgated by the Federal Railroad Administration, Interstate Commerce Commission, the United States Department of Transportation, and the Departments of Transportation of various states.

We leverage our extensive experience to provide our clients with detailed early case evaluations — which often leads to significant savings through precise and targeted litigation strategies, early settlement opportunities, and thoughtful, client-focused case budgeting. Our clients have entrusted us with some of their most sensitive and highest-exposure claims, including death and significant traumatic injuries. We have achieved positive results involving fatalities to railroad and intermodal workers, and we aggressively represent our clients in litigated and non-litigated matters, including cases in state and federal courts or alternative dispute resolution. Goldberg Segalla’s Railroad Practice Group has successfully defended railroads against the full range of claims frequently brought against them, including:

  • Traumatic Federal Employers’ Liability Act (FELA) claims
  • Cumulative trauma, repetitive stress, and whole-body vibration claims
  • Toxic exposure claims, including asbestos, diesel exhaust, welding fumes, solvents, and other deleterious substances
  • Trespasser claims
  • Grade-crossing accident claims
  • Third-party claims brought by railroad subcontractors and their employees
  • Blocked crossing and other regulatory claims involving railroad operations
  • Environmental claims
  • Property transit claims, including damage claims involving cargo, demurrage, and disputes over ownership of cargo

We also assist our clients with arbitration, mediation, and specialized appellate work specific to defending railroads.

Members of this team are active participants in the National Association of Railroad Trial Counsel, the Association of American Railroads General Claims Conference, and the American Short Line and Regional Railroad Association.

In addition to our railroad clients, we represent intermodal carriers in a wide range of claims involving:

  • Interpretations of the Uniform Intermodal Interchange and Facilities Access Agreement (UIIA)
  • Amendments to the UIIA
  • Filed addenda to the UIIA by various carriers
  • Roadability regulations
  • The UIIA mandatory dispute resolution process