Brandon Thompson, Author at FLETCHER & SIPPEL LLC

FRA Issues Final Risk Reduction Rule

On February 18, 2020

By: Michael J. Barron FRA has issued a final rule, effective April 11, 2020, mandating that each Class I and any railroad deemed to have an inadequate safety performance develop a Risk Reduction Program (RRP). An RRP is a comprehensive approach to safety “that determines a railroad operation’s level of risk by identifying and analyzing

To Notarize, Or Not To Notarize — That Is The Question!

On January 31, 2020

By Liza Bryant The attorneys at Fletcher & Sippel often call upon their clients and other witnesses to provide them with various forms of signed attestations, affidavits, and declarations that either verify the truthfulness of written discovery responses, or offer support to motions and other pleadings filed with the court. And, in many cases,

Appellate Court Rules a Handling Carrier Agreement with no Termination Clause is Terminable at Will Upon Reasonable Notice Under IL Law

On January 14, 2020

Michael J. Barron On January 3, 2020, the US Court of Appeals for the 5th Cir issued an important opinion on contract rights under Illinois law, and set precedent for other states faced with interpreting if and how parties may terminate a contract of perpetual duration. In this case, a Class I railroad sold a

Indiana Court Holds Landowners Must Pay for Private Crossing Maintenance

On January 6, 2020

By Tom Paschalis An Indiana superior court has determined that under Indiana law, landowners with private freight crossings have a statutory obligation to reimburse railroads for expenses incurred in the maintenance and reconstruction of such crossings. In a recent decision, the Superior Court of Johnson County sided with The Indiana Rail Road Company (INRD),

FRA Proposes To Revise Its Regulations For Minimum Track Safety Requirements

On January 6, 2020

Janet H. Gilbert FRA’s proposed changes for track safety include: (1) allowing rail inspection using continuous rail testing and subsequent field verification within a specified period in lieu of “stop and verify” inspection; (2) incorporating in Part213 two existing waivers regarding track frogs to allow the use of flange-bearing frogs in crossing diamonds and

FRA Issued A Final Rule Delaying Implementation Of Its Part 243 Training Rules For Class II And III Railroads And Contractors

On January 6, 2020

Janet H. Gilbert The FRA responded to a Petition for Rulemaking submitted by the ASLRRA and the National Railroad Construction and Maintenance Association, Inc. by agreeing to delay the implementation of its Part 243 Regulations for Training, Qualification and Oversight for Safety-Related Employees for all contractors, and those Class II and III railroads that