In the unique operating environment of modern rail, we offer railroad clients more than 130 years of experience and a record of proven success. In fact, we still represent our first-ever client, Burlington Northern Santa Fe Railway (now known as BNSF Railway Company). We have defended and consulted on literally thousands of cases involving the Federal Employers' Liability Act, grade crossing accidents, trespassers injuries, property damage claims, employment disputes and other third-party injuries. We are also experienced with the corporate and regulatory issues facing railroads, including corporate formation, regulation, transactional matters, real estate, employment, administrative, tariff, shipping and—on an ever-increasing basis—environmental matters.
The Lathrop firm was founded in 1873 by Gardiner Lathrop. We quickly established a reputation as a “railroad defense firm” in 1876 when we began to represent The Atchison, Topeka and Santa Fe Railroad Company. Mr. Lathrop became Santa Fe's General Counsel in Chicago in 1915. By that time, we also represented The Kansas City Southern Railway Company and The Kansas City Terminal Railway Company, which we helped organize and form. Samuel Moore, a turn-of-the-century partner in the Firm, became General Solicitor for The Kansas City Southern in 1903 and General Counsel for The Kansas City Terminal in 1908. From that point forward, various Lathrop lawyers have served as General Counsel and on the Board of Directors of several railroads. Thus, even though the emphasis of our railroad practice has been and remains litigation, we are also familiar with many of the problems and issues facing railroad management on all fronts.
It was also in 1908 that the Federal Employers' Liability Act was enacted and we began immediately to defend railroads in employee injury actions brought under that Act. The nature of this litigation demands experience with unique factual, operational and legal questions, and competence in handling typical strategies of FELA plaintiffs, their unions and attorneys. Our railroad litigation team has an enviable record of success, as demonstrated through our track record at the investigative, pre-trial, trial and appellate levels. Our railroad litigation team has the demonstrated ability to respond immediately to accidents, to coordinate investigation with company claims representatives and federal and state agencies, and to coordinate employee fact-finding in the high-stakes climate these suits typically engender. Over the years, we have proved to be a cost-effective ally to our railroad clients in times of reorganization, merger and new exposures created by expanding federal and state legislation and regulation.
We have successfully represented railroads over the years in various employment and labor issues in both administrative and judicial forums. Our Labor and Employment Section has significant experience consulting with our clients in the areas of employment discrimination, wrongful treatment and discharge, breach of contract, defamation and compliance with and claims under The Americans With Disabilities Act and the Family Medical Leave Act. We regularly represent management in matters involving federal and state labor laws, including the Railway Labor Act, grievance and arbitration proceedings, collective bargaining negotiations, strikes and union contract interpretations. We appear regularly in state and federal courts, and before governmental agencies, including the Department of Labor, EEOC, OFCCP, OSHA and NLRB, defending our clients in actions brought under an ever expanding legislative and regulatory scheme.
Our 1996 merger with the St. Louis firm of Schoenbeck, Schoenbeck & Associates demonstrates our continuing commitment to the railroad industry. Al Schoenbeck has represented the N&W and other railroads for decades and is a Fellow in the American College of Trial Lawyers. Steve Schoenbeck is a proven and renowned trial lawyer with over 20 years’ experience representing railroads and currently serves on the Missouri Supreme Court’s Jury Instruction Committee.
Apart from our unique railroad litigation experience, we enjoy a national practice and reputation defending clients in a wide variety of lawsuits and adversarial administrative proceedings, including personal injury, employment, environmental and product liability claims. We represent clients on national, regional and local bases. Firm clients include manufacturers and distributors of pesticides, automobiles, automotive products, construction machinery, piping, agricultural equipment, asbestos, building materials and lawn and garden equipment, and transporters of environmentally sensitive and hazardous materials.
Although much of our practice is litigation and trial-related, we also provide counseling services to our clients to avoid litigation and minimize risk. Even when placed in a risk exposure situation, we have demonstrated innovative practices in advising and implementing proactive steps to reduce the client's exposure and loss from a traditionally reactive situation. Our counseling has included advice on buy-outs, union matters, insurance risks, risk management, recall issues, claims handling procedures, product design, product modification, employee/personnel issues, warranties, warnings, sales literature, document retention and control and other risk reduction strategies.
The railroad litigation group comprises skilled and experienced trial lawyers who have proven their ability to investigate, litigate and win. All the lawyers in our railroad litigation group are members of the American Bar Association, the Missouri Organization of Defense Lawyers and state and local bar associations. Additionally, many of our railroad lawyers belong to and are active participants in the Defense Research Institute and the National Association of Railroad Trial Counsel. Just as important, we recognize our charge to be effective and efficient in resolving claims by evaluating cases at the outset, utilizing mediation, arbitration and other alternative dispute resolution procedures where appropriate and coordinating strategies with management to provide excellent representation at a reasonable cost.
Through our representation of the Santa Fe and the Kansas City Southern in the 19th century, our assistance in the organization of The Kansas City Terminal in the early 20th century and our assistance in the organization of The Missouri & Northern Arkansas Railroad Company in just last few years, our expertise in railroad matters has grown alongside the railroad industry. Built upon a foundation of service and success in the 1800s and the 1900s, we are prepared and dedicated to perpetuating this tradition in the future.