Railroad Litigation and Counseling

Railroad Experience

Federal Employers’ Liability Act (FELA): We have extensive experience defending against FELA lawsuits, from traumatic injuries to long-term occupational diseases.

Federal Railroad Safety Act (FRSA): Our firm has a robust whistleblower defense practice, including defending railroads against claims brought under the FRSA.

Derailments and accidents: We provide a strong defense in cases involving derailments, grade crossing accidents, and other catastrophic events, including serving as counsel for a railroad with respect to major accidents. In this role, we have tried railroad cases throughout the United States in both federal and state courts involving injuries and fatalities to passengers, employees, and third parties.

Trespasser claims: We defend against claims arising from incidents involving trespassing on railroad property and have the technical familiarity of state-specific laws and immunities implicated by these incidents.

Regulatory compliance: We regularly advise our railroad clients on governing regulatory issues relating to implementation and compliance, including safety regulations, common carrier obligations, and federal preemption issues. We represent railroads before the NTSB, FRA, STB, OSHA and various state regulators by providing strategic advice to proactively manage and mitigate regulatory risk.

Commercial disputes: We regularly advise our railroad clients regarding indemnity agreements, and handle negotiations or litigation with counter parties when disputes arise. We also represent railroads in arbitrations or litigation involving breach of contract claims, condemnation actions, and disputes with commercial tenants or adjacent landowners.

Toxic torts: As national counsel for one of our railroad clients, we oversee and individually defend cases alleging occupational exposures to asbestos, silica, diesel fuel and exhaust, benzene, noise, mold, second-hand smoke, and other chemical and toxic substances, as well as cumulative trauma/repetitive stress.

Property claims: Our team has successfully handled affirmative property damage litigation arising out of incidents such as train/motor vehicle railroad grade crossing accidents, train to train collisions, damage to railroad bridges from barges, and damage from construction projects on or near the railroad’s right-of-way.

Why Choose LCBF

Since the firm was founded over thirty years ago, national, shortline and commuter railroads have engaged us to defend them in a wide variety of transportation claims in state and federal court jurisdictions throughout the United States. Most notably, we have served as national counsel for one of our railroad clients, handling catastrophic cases across the country, either in a direct or supervisory role. Therefore, our railroad practice group has a deeply focused knowledge of the railroad industry and the diverse scope of legal issues facing this highly regulated area. We are especially experienced in investigating and defending claims brought under the Federal Employers’ Liability Act (FELA) and the Federal Railroad Safety Act (FRSA).

LCBF has been at the forefront of railroad litigation, and our trial ready team has obtained defense verdicts and extremely favorable settlements in high exposure claims, including achieving efficient global resolutions following catastrophic accidents involving multiple plaintiffs. Our nationwide clients rely on us not just for our trial and appellate experience, but also our judgment and experience in dealing with federal and state regulators.