Transportation

Overview

Our Transportation Law Team assists companies involved in rail, air, road transportation, and infrastructure in a broad range of business and compliance issues. We understand the state and federal regulations that govern these areas to support our clients in litigation, enforcement and compliance, crisis management, insurance coverage, tax, employee benefits and labor matters.

We have experience with the following federal agencies to help our clients navigate the evolving legal landscape when transporting products and people.

U.S. Department of Transportation (DOT)
Federal Aviation Administration (FAA)
National Transportation Safety Board (NTSB)
Federal Highway Administration (FHA)
National Highway Transportation Safety Administration (NHTSA)
Federal Railroad Administration (FRA)

Our multidisciplinary approach to transportation law, draws upon the collective experience of hundreds of lawyers across our geographic footprint in the U.S. We are well equipped to assist clients with the following areas:

Labor and employment matters
Personal injury and wrongful death defense
Commercial vehicle litigation
Transportation agreements
Mergers and acquisitions
Insurance coverage and litigation
Federal and state regulatory compliance

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Representative Experience

Served as National Coordinating Counsel for a Class I Railroad for the defense of occupational disease claims
Defended a Jones Act claim in Louisiana in which a career-ending injury was alleged. Succeeded in reasonably resolving the claim prior to the initiation of formal litigation
Argued cases before the Supreme Court of Appeals of West Virginia and the Fourth Circuit Court of Appeals in cases involving the Locomotive Inspection Act
Engaged in numerous preliminary hearings to determine the admissibility of novel and complex scientific evidence for clientele in the transportation industry in federal and state courts
Defended clients in litigation involving fatalities and catastrophic injuries involving commercial trucking and DOT regulations
Served as Deputy General Counsel for the Louisiana Department of Transportation and Development and is also a former Administrative Law Judge who has adjudicated cases involving federal DOT violation and compliance issues
Handled tort and insurance matters for railroads, including the defense of crossing accidents, train derailments, and claims brought pursuant to the Federal Employer’s Liability Act (FELA)
Successfully defended railroad transportation company in claims brought under FELA where plaintiffs alleged injury
Received defense verdict in matter involving representation of railroad transportation company where plaintiff alleged permanent disability
Defended railroad against claims of orthopedic injuries from long-term exposure to occupational risk factors
Represented a railroad in over 100 claims of solvent-induced brain damage and received defense verdicts in the 10 cases that were tried. The remaining claims were later dismissed on summary judgment following a successful Daubert challenge
Defended DOT-regulated trucking company in a complex wheel-off incident involving major injuries and fatalities
Represented motor carriers in administrative enforcement proceedings under the Federal Motor Carrier Safety Regulations (FMCSR) and Hazardous Materials Regulations (HMR), preparing evidentiary records, examining witnesses, and advocating before administrative tribunals to mitigate or resolve civil penalties
Advised trucking and transportation clients on compliance with federal safety requirements, including drug and alcohol testing obligations, return-to-duty procedures, hours of service (HOS) compliance strategies, interpretation of emergency declaration exemptions, and navigating Federal Motor Carrier Safety Administration (FMCSA) preemption of conflicting Occupational Safety and Health Administration (OSHA) standards
Counseled clients on compliance with Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations governing the transportation of hazardous materials
Established a comprehensive Commercial Driver’s License (CDL) compliance program for a midstream company, developing and implementing required DOT programs for hazardous materials transportation and commercial vehicles exceeding 10,001 GVWR, including drug and alcohol testing, DOT medical certification, safety compliance, and vehicle marking/signage requirements
Represented a trucking company in the sale of its assets to a competitor in a transaction valued at more than $8 million
Successfully defended a tractor distributor in numerous civil actions, handling all phases of litigation
Represented a national tractor manufacturer in several complex product liability and commercial litigation matters