A legacy from Professor Marie Adornetto Monahan is a new law review article challenging the Illinois Supreme Court to clarify confusing cases on the parol evidence rule. “Survey of Illinois Law: Contracts — The Disagreement over Agreements: The Conflict in Illinois Law Regarding Parol Evidence and Contract Interpretation,” 27 Southern Illinois Law Journal 687. Marie,…
Read MoreWhen the homeowners association in a housing development files a lawsuit seeking to enforce a restrictive covenant, it isn’t unusual for the defendants to feel they are being unfairly singled out for harsh treatment. They can often point to other situations where enforcement of the covenants has been lax. The question of law for the…
Read MoreThe day that you are injured in a railroad accident, the clock starts ticking. The law provides that every Federal Employers’ Liability Act (FELA) claim must be filed in court within a specified time or the claim is forever lost. Countless injured individuals have never been compensated for serious injuries caused by gross negligence because…
Read MoreMost injured railroaders require medical treatment in order to recover from their work injury. Often, the railroader will begin receiving medical treatment without giving much thought to how and when related medical bills will be paid. There are numerous reasons why a railroader may not immediately address this issue. This article will focus on the…
Read MoreMore and more, railroads are outsourcing work that railroad workers previously performed. Not only are non-transportation jobs being contracted out, many of the Class I railroads are contracting with short-line or regional railroads to perform train moves, switching and other transportation services. Practically every railroad that operates an intermodal yard contracts the management of the…
Read MoreRailroads can get away with lying to employees who try to settle personal injury claims without the protection of an attorney. A stunning example is a new ruling from a Federal Judge in Minnesota. Four employees of Burlington Northern and Santa Fe Railway filed a lawsuit alleging they were conned into accepting chump change for…
Read MoreThe alarm is sounding again regarding cell phone use while on duty on the railroad. The cell phone rules on the railroad have not changed, but the railroads have devised a new approach to ensnare unwary railroaders. Tried and True Recommendations Given the severe penalties regarding cell phone use while on duty, we recommend you…
Read MoreYou have worked for the railroad for many years. Unfortunately, you suffer a work injury to the extent that your doctors tell you that you will be unable to return to work. After you have collected U.S. Railroad Retirement Board (RRB) sickness benefits for five months, what are your next options since you are not…
Read MoreFELA Designated Legal Counsel James L. Farina of Hoey & Farina, P.C. is proud to report that his colleague, Craig Church, obtained a $4,800,000.00 gross verdict in Detroit, Michigan, on behalf of George Dunlap, a 55 year old former conductor, and against the Wisconsin Central Railroad (“CN/WC”). As a result of a motor vehicle /…
Read MoreDesignated Counsel James L. Farina of Hoey & Farina, P.C., is proud to report that he obtained a $3,431,026.00 verdict on November 23, 2009, in Bluefield, West Virginia on behalf of Larry L. Koger, a former railroad conductor, and against the Norfolk Southern Railway Co. (“NS”). The jury trial under the Federal Employers’ Liability Act…
Read MoreWhether you’ve been on the railroad thirty days or thirty years, I am sure you have come to the realization that railroad’s policy is to use discipline to control their employees. You have heard it said many times among the rank and file, “It’s the only place in the world where the railroad tries to…
Read MoreAt some point during the initial interview with a new or potential client, I am almost always asked, “How much is my personal injury case worth?” I’ve learned from experience that most clients have already formed an opinion before he/she has asked the question. They have usually been advised by their co-workers, friends, family and the claim…
Read MoreHoey & Farina encourages you to read the Federal Railroad Administration Office of Railroad Policy & Development’s March 2011 publication entitled: Joint Loading And Muscle Activity In The Lower Body While Walking On Ballast The article discusses two projects (2005 and 2010) examining the biomechanics of walking on common railroad yard surfaces. The results suggest that…
Read MoreEach day, railroad workers are exposed to high concentrations of a wood preservative called creosote, which has proven dangerous health effects. While banned for consumer use, creosote remains in wide spread use in the railroad industry to treat railroad ties and railroad plugs. Railroad workers, especially the Maintenance of Way Employees, stand at a higher…
Read MoreOn January 14, 2004, in Des Moines, Iowa, a jury in the United States District Court for the Southern District of Iowa, rendered its verdict for $740,282.26, less 5%, in favor of Jose Villa, a 50 year old former Section Laborer from Canutillo, Texas, and against the Burlington Northern Santa Fe Railway Co. (BNSF), the…
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