Unquestionably, rail is a dominant and critical component of America’s ability to move goods. In a typical year, U.S. freight railroads move around 1.6 billion tons along nearly 140,000 miles of track. The transportation-focused attorneys at Lugenbuhl have developed extensive knowledge of rail transportation and represent clients in the many legal and business matters associated with rail transportation.

Our attorneys have a lengthy and close partnership with the railroad industry and have developed a broad understanding of the laws and regulations governing the industry’s operations. This wealth of experience allows us to partner well with the rail industry professionals with whom we work in addressing the many challenges faced by the industry.

The Broad Scope of Matters With Which We Assist Rail Clients

From our offices strategically located in New Orleans, Louisiana; Gulfport, Mississippi; and Houston, Texas, among the many types of issues with which Lugenbuhl attorneys assist rail industry clients are:

  • Employee claims arising under the Federal Employers Liability Act (FELA)
  • Employee claims arising under the Federal Railroad Safety Act (FRSA)
  • Occupational injury claims
  • Servitude, expropriation and right-of-way disputes
  • Highway-rail grade crossing accidents
  • Trespasser and other third-party injury actions
  • Cargo and property damage claims
  • Hazardous material releases resulting in both ordinary and class action proceedings

An Approach That Has Resulted in Significant Success and Recognition

We seek creative, value-added solutions, using processes and methods designed to efficiently achieve the best result for our clients. Several of our litigators in this practice are recognized in The Best Lawyers in America®, Louisiana Super Lawyers®, New Orleans Magazine’s “Top Lawyers,” and have been chosen as leaders in the law by New Orleans City Business.

Defending Clients Against Significant Personal Injury and Property Damage Claims

When accidents happen, Lugenbuhl attorneys respond with a boots-on-the-ground approach. Being onsite quickly after accidents occur enables our team to advise our clients with respect to casualties, explosions, property damages, personal injuries or even death. This first-person knowledge of events also allows us to stand by our client during FRSA, NTSB and witness communications. We believe immediate action and thorough investigation simplify working with our clients during such high-profile events and make our representation more efficient and effective. Our litigators are experienced and highly successful negotiators and advocates in trials, mediations, arbitrations and appeals.

  • Defending Class I railroads in several FELA and mesothelioma death claims.
  • Defending Class I railroads in numerous expropriation matters initiated by the State of Louisiana.
  • Defending Class I railroads in multiple class actions and mass tort cases.
  • Defending Class I and short line railroads in multiple grade crossing and trespasser incidents.

  • Federal Employers Liability Act (FELA) claims
  • Federal Railroad Safety Act (FRSA) claims
  • NTSB investigations
  • Occupational injuries
  • OSHA investigations
  • Crossing accidents
  • Trespasser injuries
  • Cargo and property damage claims
  • Hazardous material releases
  • Class action claims
  • Servitude, expropriation and right-of-way disputes
  • Trials, mediations, arbitrations and appeals