John Kutzman learned on June 15 that Governor Bullock would be appointing him to replace retiring Great Falls District Court Judge Kenneth R. Neill. John was one of eight applicants who sought the job. The process included a detailed written application, a thirty-day...
Firm News
Federal Administrative Law Judge Hits BNSF with Punitive Damages for Retaliating Against Safety Complaint
Last Wednesday U.S. Department of Labor administrative law judge Richard T. Stansell-Gamm issued a 70-page decision finding that BNSF illegally retaliated against our client for reporting that the three GP38-2 locomotives issued to him were dangerously rough riding....
Great Falls Judge Finds BNSF Asserted Frivolous Defense
On October 9, 2014, a Great Falls district court judge found that BNSF's litigation strategy of trying to blame its train crew after the responsible operating department officials had exonerated them violated a court rule prohibiting the assertion of frivolous claims...
Great Falls Jury Awards BNSF Conductor $4.32 Million
Yesterday afternoon at about 2pm a Great Falls jury awarded our client $4.32 million for physical and emotional injuries he suffered in a July 19, 2011 train wreck southeast of Great Falls at Gerber, Montana.The wreck occurred when a BNSF welder failed to close the...
OSHA Orders Reinstatement of Fired Mandan, ND Switchman
In an October 1, 2014 "merit finding," the Occupational Safety and Health Administration has concluded that BNSF illegally retaliated against Mandan, ND switchman Adam Johnson for following the orders of his treating physician. The OSHA decision orders BNSF to...
OSHA Orders Reinstatement of Fired Greybull, WY BNSF Conductor
In a May 15, 2014 "merit finding," the Occupational Safety and Health Administration has concluded that BNSF illegally retaliated against Greybull, Wyoming conductor Cory Hodge for reporting a work-related injury. The OSHA decsion orders BNSF to reinstate Mr. Hodge...
Consider Your Own Internet Footprint
The facts of any case are at least as important as the law. Knowing the relevant facts about your adversary is critical to evaluating and presenting your case. The internet has made information about people and organizations more accessible than ever. You just need...
Company Trashes Customer’s Credit Rating to Punish Him For Negative Online Review
In many ways online business and product reviews level the playing field. They can be a quick and easy way to find out if you're about to waste your money on a shoddy product or shoddy company.But these companies and their lawyers almost always think these reviews are...
FRSA Requires RR to Let You Return to Work If Your Doctor Says You’re Ready
A recent federal Department of Labor administrative law judge ("ALJ") decision highlights the tactics railroads use against their employees and one possible statutory remedy for those tactics. Jonette Nagra v. National R.R. Passenger Corp., Case No. 2012-FRS-74...
Health Insurance: It Makes Sense to Shop Around
This post won't go into whether the Affordable Care Act (known in some quarters as "Obamacare") was good or bad public policy. This post is about misleading communications by insurance companies. Our firm knows about insurance company deception and we think the...
