On April 20, 2010, a series of events unfolded on the oil rig Deepwater Horizon (hereinafter “Deepwater Horizon”) that ultimately led to its sinking and the release of crude oil into the waters of the Gulf of Mexico.  These events have been widely covered by the media and include an explosion and subsequent fire, along with the loss of a large number of lives as a result thereof. The sunken oil rig is releasing large amounts of oil which, despite initial estimates by certain Defendants and their representatives,  is now reported to be up to 5,000 gallons of crude oil per day that is being pumped into the Gulf waters from the sunken rig. 

The United States Court of Appeals for the Eighth Circuit has rejected an attempt by the Norfolk Southern Railroad to deny FELA coverage to one of its workers who was engaged in work at the Lamberts' Point Coal Terminal in Norfolk, Virginia.

Holland Groves managing partner Eric D. Holland was recently named one of Detroit’s Top Lawyers for 2010 by Detroit Business Magazine.

An injured railroad worker recently obtained a $1.75 Million out-of-court settlement for injuries sustained in a derailment. The plaintiff was working for the railroad as an engineer when the engine he was operating derailed and crashed.

Holland, Groves, Schneller & Stolze partner Steven L. Groves was elected by his peers to serve a six-year term as a judicial commissioner for the City of St. Louis Judicial Commission.

Holland Groves Attorneys Defeat Railroad's Motion for Summary Judgment.

A U.S. District Court Judge recently agreed with Holland, Groves, Schneller & Stolze, LLC in rejecting the Norfolk Southern Railway Company's attempt to avoid FELA liability by calling one of its switchmen a "maritime worker."  The plaintiff was injured at an east coast coal loading facility that the railroad claimed made his exclusive remedy the federal Longshore Act, a workers' compensation scheme for federal harbor workers.  The Honorable Rodney W. Sippel issued an 8-page order rejecting this tactic and ordering that the case be tried as a FELA case.

The National Transportation Safety Board makes the following recommendations to the Federal Railroad Administration:

A jury in Texas rejected the BNSF Railway Company's long-standing use of rough-riding locomotives with " toad stool" seats, returning a verdict against the railroad for over $1.2 Million for a 63 year-old retired locomotive engineer who claimed that his lower back was injured because of years of riding on engines for the railroad.

In the railroad industry, deadhead transportation is a way of life for many.  Today, the most common method of deadheading is a contract van company.  There are a wide variety of van companies that have contracted with the various railroads to provide transportation services to railroad workers.  This transportation of railroad workers has been deemed by courts to be the "operational activity" of the railroad and, therefore, within the scope of coverage of the Federal Employers' Liability Act (FELA) if an accident occurs on a deadhead trip.