Best Lawyers for Railroad Law in Albuquerque, New Mexico

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Lawyer
  • Recognized Since: 2007
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Railroad Law Oil and Gas Law
Lawyer
  • Recognized Since: 2007
  • Location:
    Albuquerque, New Mexico
  • Practice Areas:
    Insurance Law Product Liability Litigation - Defendants Litigation - Health Care Personal Injury Litigation - Defendants Railroad Law

  • Recognized Since: Ones to Watch Since:
  • Location:
  • Practice Areas:

Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.

Practice Area Definition

Railroad Law Definition

The major (“Class I”) railroads in the United States, of which there are fewer than ten, and the multitude of regional (“Class II”) and short line (“Class III”) railroads consume types of legal services that might be needed by any business enterprise, e.g. real estate, environmental, government relations, or property law. Depending on facts and circumstances, they also can be subject to administrative worker compensation systems such as state worker’s compensation programs, the federal Black Lung Benefits Act, or the federal Longshore and Harbor Workers' Compensation Act.

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.

Dinsmore & Shohl LLP

Dinsmore & Shohl LLP logo

The major (“Class I”) railroads in the United States, of which there are fewer than ten, and the multitude of regional (“Class II”) and short line (“Class III”) railroads consume types of legal services that might be needed by any business enterprise, e.g. real estate, environmental, government relations, or property law. Depending on facts and circumstances, they also can be subject to administrative worker compensation systems such as state worker’s compensation programs, the federal Black Lung Benefits Act, or the federal Longshore and Harbor Workers' Compensation Act.

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.