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In Ledure v. Union Pac. R.R. Co., the Supreme Court of the United States recently affirmed the grant of summary judgment in favor of the defendant railroad company that was sued for negligence for alleged violations of the Locomotive Inspection Act (“LIA”) and Federal...
Keeping your address for service of process updated just got a bit more important. The Missouri Court of Appeals for the Eastern District recently upheld a trial court’s finding of default judgment and denied a defendant’s motion to set aside the default judgment. In...
It is impossible to underestimate the importance of railroad workers in supporting the livelihood of millions of people and the transfer of goods and services over great distances every day. Unfortunately, as a railroad services employer, your company may be...
The Missouri Court of Appeals for the Western District of Missouri recently addressed the types of claims that are subject to insurance policy appraisal provisions. In Brewer v. State Farm Fire & Cas. Co., the Court vacated the trial court’s order directing the...
Kansas City Office's Derek MacKay and Phillip Raine secured an arbitration win on behalf of a client, a California based auto-financing company, after a one-day arbitration where the claimant demanded more than $1,000,000 on a $14,000 car sale. The claimant purchased...
The Montana Wrongful Discharge of Employment Act (WDEA) was created in 1987 and provides the exclusive remedy for a claim of wrongful termination. Since the WDEA was established in 1987, it has gone unchanged until the 2021 Montana legislature made significant...
In Kroutil v. State Farm, the Illinois Appellate Court once again upheld that there is no separate tort of bad faith for first party insurance losses. The focus of the Kroutil case was whether an action for vexatious refusal under Section 155 argument could exist...
Richard Tomich in the Peoria Office obtained a victory for a Class I railroad client via the dismissal of FELA and FRSA claims filed against the railroad in the United States District Court for the Central District of Illinois. The outcome was achieved only 2 ½ months...
Running a business involves an almost endless stream of decision-making, regardless of the industry you are in. One area of your business that is incredibly crucial, and also complex, is insurance coverage. Out of the vast sea of insurance companies available to you,...
Andrew Bell in the Peoria Office secured a summary judgment on behalf of one of our Class I railroad clients. Plaintiff claimed that her cancer, which developed years after retiring from railroad employment, was caused by exposure to diesel exhaust and asbestos. After...