Find Lawyers in Lafayette, Indiana for Railroad Law
During his four decades with Stuart & Branigin Tony has been witness to and participated in extensive changes to his firm, his community and his practice areas. Tony was recently elected by his partners to serve as the firm's first Managing Partner. He also currently serves as Secretary and General Counsel for Greater Lafayette Commerce, an umbrella agency promoting regional economic development with its goal to make West Central Indiana the "Place of Choice" for businesses, industry and ...
For Barry, working as an integral part of the American justice system is a way to improve society. He strives to make a difference whether it’s serving high-profile firm clients or people seeking legal assistance through the District IV Pro Bono Corp or Legal Aid Corporation of Tippecanoe County—organizations that have benefited from Barry’s leadership. In life and the pursuit of justice, Barry believes in getting to the heart of the matter and seeking resolution as soon as ...
Railroad Law Definition
However, particular to railroads, therefore properly thought of as “Railroad Law,” is litigation in two areas of law: highway/railroad grade crossing litigation and occupational injury litigation under the Federal Employer's Liability Act (FELA), 45 U.S.C. §51, et seq.
Intersections between railroad traffic and highway traffic exist all over the country and are frequently the scene of collisions that result in serious personal injury and property damage, and commensurate litigation. Various provisions of state and federal law along with principles of physics, acoustics, and semiotics affect grade crossing litigation that make it an area of specialization.
A railroad whose business activity affects interstate commerce can be sued under the FELA by its employees who suffer injury from work that is performed in furtherance of interstate commerce. Effectively, this includes most railroads and all of their employees. Claims under the FELA are brought in lieu of claims under state workers’ compensation systems. The types of injuries for which railroads are sued under the FELA include “traumatic” injuries that occur from one or a few incidents and occupational diseases that are claimed to result from a long series of exposures to the disease-causing activity or substance. The FELA has been in effect for more than 100 years, and a specialized body of law has grown up around litigation under the Act.
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