Rail & Transportation Law
Cohen Seglias’ rail and transportation attorneys have been long recognized in Pennsylvania as authorities on transportation-related matters such as litigation, public utility law, and real estate.
- Successful representation of a Class I railroad in a unanimous decision of the Pennsylvania Supreme Court reaffirming the occupied crossing rule as a complete bar to recovery and finding for the first time Pennsylvania’s blocked crossing statute pre-empted under the Federal Rail Safety Act. Krentz v. Consolidated Rail Corp., 910 A.2d 20 (Pa. Supreme Ct.).
- Successfully represented a Class I railroad in obtaining judgment as a matter of law at trial in a FELA case affirmed by the Third Circuit Court of Appeals. Castro v. Consolidated Rail Corp., 46 F. 3d 1115 (3rd Cir.).
- Successfully represented a Class I railroad in summary judgment of a trespasser rendered a paraplegic. Barry v. Consolidated Rail Corp., 1999 WL 554598 (E.D. Pa.)
- Represented a Class I railroad against the City of Philadelphia in a contract dispute in federal court over park access rights that led to a favorable negotiated settlement for the railroad.
- Numerous defense verdicts in crossing accident wrongful death cases.
Public Utility Law Experience
- Successfully represented a railroad in a case before the Pennsylvania Supreme Court, affirming that contract rights are preserved between the parties even when the PUC orders payment in the first instance for rail-highway crossing work contrary to the contract. Consolidated Rail Corporation v. City of Harrisburg and the Harrisburg Authority, 842 A.2d 369 (Pa. Supreme Ct.).
- Represented Class I Railroads and the Keystone State Railroad Association in rulemaking and streamlining proceedings in the Public Utility Commission.
- Prevented the establishment of a new at-grade crossing in York County on the basis that creation of a new at-grade crossing in close proximity to two separated-grade crossings would not promote public safety. Application of Springettsbury Township, 2009 WL 3159625 (Pa. PUC).
- Successfully represented railroads in numerous rail crossing abolition and reconstruction cases, minimizing client work and cost responsibilities.
- Successfully represented railroad clients in condemnation proceedings brought by PennDOT.
Rail & Transportation Litigation
Our Rail & Transportation Law Group represents Class I, regional and shortline railroads in all types of litigation, including employee claims under the Federal Employer’s Liability Act (FELA), crossing accidents, and trespasser and property damage suits.
We have represented clients in the trial courts of approximately 26 counties in Pennsylvania and successfully argued cases on behalf of the rail industry before the Commonwealth, Superior, and Supreme Courts of Pennsylvania, as well as the Middle and Eastern Districts of Pennsylvania and the Third Circuit Court of Appeals.
Public Utility Law
Our Group represents clients in rail-highway crossings and related matters under the Pennsylvania Public Utility Commission’s (PUC) regulatory jurisdiction. These matters frequently involve operational and safety issues, and our attorneys confidently guide clients through complex crossing abolition proceedings, bridge and at-grade crossing reconstruction, repair proceedings, and application proceedings initiated by governmental entities to establish new at-grade crossings.
Frequently, cases that begin before the PUC require representation in other courts on related aspects, including:
- Federal injunction actions
- State court proceedings to enforce contracts
- Board of View proceedings in condemnation actions by PennDOT
- Rail line abandonment proceedings before the federal Surface Transportation Board
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