On February 12, 2012, the U.S. Department of Labor's Administrative Review Board held in favor of the railroad employee in DeFrancesco v. Union Railroad Co. Mr. DeFrancesco alleged that his employer, Union Railroad Co., illegally retaliated against him for reporting...
Firm News
OSHA Not Happy With BNSF’s “Points Policy”
Last summer OSHA told BNSF to stop using its "points policy" to try to intimidate employees out of reporting on-duty personal injuries. The Federal Railroad Safety Act of 2007 prohibits railroads from retaliating against employees who report on-duty injuries....
Montana Supreme Court distinguishes Citizens United, upholds century-old state-law limits on corporate campaign contributions
On December 30, the Montana Supreme Court issued an important decision upholding Montana's statutory limits on corporate campaign finance. The statute has been on the books since 1912 and was the state's response to the political wars between the "Copper Kings" of...
Russian Long-Haul Driver Sentenced
In November of 2011, District Judge Deschamps sentenced contract truck driver Sergey Buslayev to a 20-year prison term, with 10 years suspended on conditions, for his role in negligently causing the death of volunteer firefighter Jerry Parrick. Parrick was parked in...
Trial Lawyer of the Year
The Montana Trial Lawyers Association recognized David Paoli as Trial Lawyer of the Year at their annual convention on August 4, 2011.
McBride v. CSX: U.S. Supreme Court Rejects Railroads’ Demand to Gut FELA Causation Standard
On June 23, 2011, the United States Supreme Court held that FELA juries must continue to be instructed that the railroad is liable if its negligence played any part, even the slightest, in contributing to the injured employee's damages. The Court's decision is...
Montana Supreme Court Orders Tobacco Diligent Enforcement Litigation Forward
We filed this case on behalf of the State of Montana in the Spring of 2006.The tobacco companies responded by moving to compel the case into a large, expensive arbitration involving more than 40 other states. Initially, the District Court in Helena agreed.But by...
Press Spotlights BNSF’s Litigation Misconduct
The Minneapolis Star-Tribune recently published a series of articles about court orders in various states, including Montana, where courts have found that BNSF hid or misrepresented relevant information. The articles can be found at the following links: Collision in...
Tobacco, State Clash
Photo by Eliza Wiley of the Helena Independent Record. From left: Chicago-based Philip Morris attorney Steve Patton returning to his seat after his argument, Missoula-based attorney for the "Subsequent Participating Manufacturers" Sean Morris, David Paoli of our firm,...
U.S. Supreme Court Permits Montana to Pursue Tobacco Case in Court System Rather Than Arbitration
On June 1, 2010, the United States Supreme Court declined the tobacco companies' request to review the Montana Supreme Court's decision in State ex rel. Bullock v. Philip Morris, Inc.Our firm represents the State of Montana in this case. The tobacco companies claim...
