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News & Publications
Preventing the "Google Mistrial"
You finished closing arguments yesterday in a difficult, two-week-long trial. The jury has been out for almost afull day now. Your client, who has a lot resting on theoutcome and is at risk of having to pay out a lot ofmoney, turns to you and asks, for what seems like thetwelfth time, "What is going on in there? What is takingthem so long to reach a verdict?"
Preemption is Not Dead: Looking at the Railroad Safety Act.
“Safety first!” is a slogan attributed to a railroader of abygone era. Throughout the history of railtransportation, safety always has been a concern for theindustry, as well as the government. However, it was notuntil 1970, more than 140 years after the nation's firstrailroad was chartered, that Congress passed the firstcomprehensive railroad safety law.