The Federal Employers’ Liability Act (“FELA”), 45 USC §51 et seq., is a federal law that provides damages to railroad employees injured because of a railroad’s negligence during their employment. What happens to a claim under… Read More

Cody Ziparo worked as a Conductor for CSX Transportation, Inc. in Watertown, New York. CSXT utilized an “On-Board Work Order System” (OBWO) at this location, which requires the train crew to record tasks into a tablet computer as they are… Read More

As I have previously discussed in the Rail Law Blog, the most disputed issue in proving a claim under the Federal Rail Safety Act (“FRSA”) is often whether an employee’s protected activity is a contributing factor in the railroad… Read More

In the midst of worldwide protests triggered by the death of George Floyd during an arrest by Minneapolis police officer Derek Chauvin, the United States Supreme Court recently declined to consider cases challenging the doctrine of “qualified i… Read More

Among the groups at high risk for developing a severe COVID-19 infection, none may be as vulnerable, or in a setting so ripe for quick spread than the nursing home population. As you see in our last blog post, industry lobbyists are pushing states to… Read More

Since the outbreak of COVID 19 at Life Care Center in Kirkland, Washington, families of nursing home residents have been on high alert. The virus can be easily spread in these facilities, especially considering that too many nursing homes don’t… Read More

On March 4, 2019, the United States Supreme Court decided BNSF Railway Co. v. Loos and held that damages paid for an on-the-job injury are taxable under the Railroad Retirement Tax Act (RRTA). Previously, FELA awards were considered payment for an in… Read More

To prove a claim of retaliation under the Federal Rail Safety Act (“FRSA”), a railroad worker must prove the following elements: (1) he engaged in a protected activity; (2) the railroad knew about the protected activity; (3) the worker wa… Read More