Over the years we have helped hundreds of people from all over the country navigate through some of the most difficult times in their lives and toward a brighter future. Here are a few results that we are particularly proud of, not just because of the amount recovered, but because of the rights that were preserved in the process and that will help protect thousands of people for years to come.
QUICK STATS:
$1.2
MILLION
Average Settlement
(2021)
500+
Lives Changed
(and counting)
21+
Court Admissions
(including pro hac vice admissions)
FIRST OF ITS KIND VICTORY RECOGNIZING THE RIGHT OF RAILROAD WORKERS TO REPORT THEIR INJURIES
Smith-Bunge v. Wisconsin Central, Ltd., 60 F.Supp. 3d 1034 (D.Minn. 2014)
This was the very first case under the Federal Railroad Safety Act that was decided as a matter of law in favor of an injured railroad worker. We represented a track maintenance worker who was disciplined by his railroad employer for allegedly failing to “promptly” report his on-the-job injury, despite the fact that he was not immediately aware that he had sustained an injury.
Federal District Judge Ann Montgomery held that a railroad’s rules “cannot penalize workers who do not realize immediately that their injuries are serious enough to report, or even that they are injured at all.” As a result, Judge Montgomery ruled that “no reasonable juror” could find that Wisconsin Central was not in violation of retaliation under the FRSA and entered judgment in favor of our client.

This case has been cited numerous times by other courts and has played a critical role in protecting the jobs of railroad workers when they report injuries to their employers.

$375,000 VERDICT FOR CLIENT FIRED AFTER SPRAINING HIS ANKLE ON THE JOB
Davis v. Union Pac. R.R., Civil Action No: 12-2738, at *1 (W.D. La. Sep. 17, 2015)
Our client, a conductor, came to us after his prior lawyers dropped his case and he was facing an imminent dismissal by the court. We found that he had initially been misdiagnosed by his doctor as having a medical condition that was not work-related. As his condition worsened over the course of several weeks, our client was finally and properly diagnosed as having a work-related musculoskeletal injury that he immediately reported to his railroad supervisors.
The railroad accused him of dishonesty and fired him. We brought the case to trial in Shreveport, Louisiana where a federal jury returned a unanimous verdict of $375,000 in favor of our client and the judge ordered Union Pacific to return him to work with all rights and seniority restored. This is the first and only case that we are aware of under the Federal Railroad Safety Act in which a worker was successfully reinstated to work after a retaliatory dismissal.

$250,000 SETTLEMENT FOR INJURED LOCOMOTIVE ENGINEER IN CROSSING-COLLISION CASE
When the driver of a commercial box truck ignored all warnings and stopped on the railroad tracks in front of a passenger train, our client sustained a shoulder injury as he quickly slammed the train into an emergency braking in an attempt to avoid the collision. Fortunately the driver of the truck was able to escape before the train blasted through it but his insurance company refused to accept responsibility. We filed suit, helped our client get the necessary medical care, relentlessly pursued the truth, and obtained a settlement that allowed our client to fulfill his career and life goals.
LANDMARK VICTORY PROTECTING THE RIGHTS OF RAILROAD WORKERSB
Blackorby v. BNSF Ry. Co., 936 F.3d 733 (8th Cir. 2019)
Due to its jurisdiction over the heart of railroad country, the Eighth Circuit Court of Appeals has decided more cases under the Federal Railroad Safety Act than any other federal court of appeals in the U.S. And, until this case, had decided every one of those cases in favor of railroad companies. We successfully argued that the railroad may not get away with retaliating against an employee simply because they “believed” that employee engaged in misconduct surrounding the report of an injury.
As part of a near-decade long litigation in which we have fought to protect the rights of railroaders to report their injuries, the court of appeals held that “an employer can, in fact, be held liable under the FRSA if it disciplines an employee based on its honestly held belief that the employee engaged in misconduct or reported a rules violation.”

We are rare among attorneys because we not only fight for our clients to and through trial, when necessary, we will take up appeals to make sure the stories of our clients are known and their rights are protected.

$1.6 MILLION SETTLEMENT FOR INJURED RAILROAD WORKER
After years of denying responsibility and refusing to make any settlement offer, the defendant finally agreed to pay full value to our client, who sustained an on-the-job back injury, after we pushed the case to the brink of a federal trial.
$1 MILLION SETTLEMENT AGAINST LACMTA IN CROSSING-COLLISION CASE
This case was referred to us after the Los Angeles County Metropolitan Transportation Authority (LACTMA) refused to accept responsibility for injuries caused when its train struck a vehicle due to the failure of crossing gates and warning signals to function properly. After filing suit and conducting an extensive investigation into the matter, the defendants finally agreed to fully compensate our client for the musculoskeletal injuries suffered in the collision