The Appellate Division of the New Jersey Supreme Court just ruled that senders of text messages that distract drivers may be liable for causing car wrecks, if the sender knows the recipient is behind the wheel and likely to actually look at the message when it comes...
Firm News
FRA Issues Emergency Haz Mat Order
The FRA has issued an emergency order in response to the tragic July 19 runaway, derailment, and explosion in Lac-Mégantic, Quebec. FRA notes that the provisions of its order are similar to an emergency order issued by Transport Canada, the federal agency responsible...
UP Official’s Threats Illegally Retaliated Against Sick Locomotive Engineer
Union Pacific engineer Lonnie Smith reported for duty at Green River, WY with a stuffy nose. On the way west to Pocatello, ID, Smith's symptoms ripened into a splitting migraine headache, nausea, and pressure behind one eye that made it hard to see. He believed the...
Dept of Labor Rules Railroads Can’t Interfere With Medical Treatment
A recent decision by the U.S. Department of Labor Administrative Review Board explains that railroads cannot interfere with an employee's injury-related medical treatment at any point during the treatment, not just the period immediately following the injury.The...
DePuy Recalls Artificial Hips
On August 24, 2010, the DePuy Orthopaedics unit of Johnson & Johnson recalled two kids of metal-on-metal hip implants, the ASR XL Acetabular System (ASR XL) and the ASR Hip Resurfacing System. The ASR XL is a hip socket used in traditional hip replacement, while...
Which Right Would You Sacrifice?
Our co-counsel Kirsten Pabst lays it out: Which right would you give up to end violence against women and children? Having experienced the reeling effects of violence personally and witnessed unimaginable pain in victims of sexual and violent abuse over the course of...
Williams’ comment jeopardized a fair trial.
David Paoli's March 17, 2013 guest column in the Missoulian: Pat Williams is a friend of mine. So, he will understand my advice.Williams earned my respect and support for more than three decades. Sadly, that respect ended last month when he spoke, again, to a New York...
Jordan Johnson Found Innocent.
David Paoli of our firm (left), congratulates Jordan Johnson after hearing the verdict as co-counsel Kirsten Pabst (right) looks on. Following a two-week trial, the jury deliberated for about two hours before unanimously finding Mr. Johnson innocent of the charge.
OSHA Forces BNSF to Eliminate “Points for Injury” Policies
OSHA announced today that it has reached a settlement agreement with BNSF that requires BNSF to eliminate several policies that had placed employees who reported on-duty injuries under increased management scrutiny. The terms of the settlement require BNSF to...
Federal Judge Orders Cigarette Companies to Admit Lying
U.S. District Judge Gladys Kessler has ordered the nation's largest and most powerful cigarette manufacturers to publish notices admitting that they manipulated cigarettes to make them more addictive and that smoking causes an average of 1200 American deaths a day.The...