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...
Missoula Legal Blog
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...
The Railroad Can’t Discipline You for Following Doctor’s Orders
On September 27, 2013, the U.S. Department of Labor Administrative Review Board confirmed that railroads can't legally discipline employees for missing work on the orders of a treating physician, even if the treatment is for an off-duty injury. The decision apparently...
New Jersey Court Rules Text SENDERS May Be Liable for Distracting Drivers
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...
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...