Eastern Railroad Discussion > OH: lawyers descend on East Palestine

The NY Times had an article about the inflow of personal injury lawyers from all over the country who have arrived in town.

Big firms like Morgan & Morgan or Cory Watson, local firms. Everybody is signing up class action clients.

"You aren't going to get the truth from the railroad or the government. That leaves us to get to the truth and get justice for you"

https://www.nytimes.com/2023/02/24/us/east-palestine-ohio-residents-lawsuits.html?action=click&module=RelatedLinks&pgtype=Article

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Way too many "ambulance chasers" out there who need work.  "We will get u the money u deserve"    More like we will get u something, and a lot for ourselves.   Its awful .  Everyone in America now wants to cash in by suing someone.

Listen to Bill Handel's "Handel on the Law" Podcast.  Its histerical.  All these gold diggers calling in to ask if they can sue someone else.

About 15 years ago I was hit by a semi. Over the next month I got 30+ letters and calls from different law firms soliciting business.

I had a minor fender bender in a parking lot and was besieged with attorney letters.  Pitiful.

pdt Wrote:
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  "We will get u the money u deserve"

Then again, since the government and the railroad will never make sure they get what they deserve, if the lawyers can then they're worth it. Including their cut. That's the only recourse most regular folks have today because gettin' screwed over is so easy and common...

JG

Lackawanna484 Wrote:
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> "You aren't going to get the truth from the
> railroad or the government. That leaves us to get
> to the truth and get justice for you"

That's an accurate statement. It is sad when you're dealing with 3 different entities, the lawyer is the most honest.

We don't know how fortunate we are that we built the basic infrastructure of this nation before the ambulance chaser lawyers took over. Just imagine the decades and decades it would take to get all the permissions needed to build the transcontinental railroad today. The environmental impact studies would consume at least 30-40 years and then the " feasibility" studies by 6 different consultants at least another 50 years and by the time that was all done technology would have made the whole idea obsolete. 

   Don't know about where you live but here about every other tv commercial is from one or another ambulance chaser law firm.

    East Palestine is an ambulance chasing lawyers wet dream !!

     Sad but true. Ross Rowland 

Gotta agree with Ross !
 

I suspect the people in East Palestine are very scared. The air smells, there's poisoned soot on everything, people in hazmat suits are telling you things are fine.  Your animals are dying. 

People you don't trust, the railroad and the politicians, are showing up for photo ops. Folks you don't know, the outside lawyers, are telling you to be very scared. You are breaking out in rashes, your kids are coughing.  "The internet" is telling you about all the bad stuff going down, and how the railroad is gonna bribe everybody to get away with this mess.

It has to be a truly awful set of choices.

Lackawanna484 Wrote:
-------------------------------------------------------
> I suspect the people in East Palestine are very
> scared. The air smells, there's poisoned soot on
> everything, people in hazmat suits are telling you
> things are fine.  Your animals are dying. 
>
> People you don't trust, the railroad and the
> politicians, are showing up for photo ops. Folks
> you don't know, the outside lawyers, are telling
> you to be very scared. You are breaking out in
> rashes, your kids are coughing.  "The internet"
> is telling you about all the bad stuff going down,
> and how the railroad is gonna bribe everybody to
> get away with this mess.
>
> It has to be a truly awful set of choices.

I cant say that I agree,
!st of all, none of us that i know of, are in E palestine, so none of knows what its really like there.      Personally, I think the NS hazmat ppl who were on the scene did the best they could.  Tank cars were getting close to exploding.  They drained them and (their decision) lit off they liquid in a controlled burn.  IDK if there could have been a way to move the vinyl chloride away safely without the burn.  Of course, it would have been a better choice if possible.
From their its been a botched PR nightmare driven by the 2 basic human driving forces, greed and fear. 

When they lit off the VC, there was a fireball, which the news media  jumped on to sell their prodict and advertising .  NS top brass were PR idiots, and didnt step in and say the right things just to help calm people down.  The  Ohio governor was there, but apparently he was little help. 
Then there were the town halls...and things have just been going down hill, with the ambulance chasers now descending en mass.  You really think they care about the residents of E Palestine?    They just want the opportunity to get a big paycheck for themselves.  If there were no big money potential for them, you thing they'd be there just to help out for $500. a day.  They want $500 an hour. 
As for the residents, i dont know what to believe.  After you've heard that u might be able to get a million bucks...yes a million dollars...if you are sick.....a whole lotta people start feeling sick.   If i stand next to you and start talking about a rash..I'll bet u'll start itching.

Not that I wouldnt want ppl who have had actually reactions to toxic chemicals. to be taken care of.....the govt and NS should be taking care of them 1st.  Get ppl to hospitals and have them checked out.  NS should pay for it....and they should have done that from the beginning.

Right now all i see are a bunch of marginally honest ppl, all around, all thinking about their personal interest only.

As I;ve said before, Honesty isnt worth a rats ass in this country, and that and greed are at the bottom of everything anymore.
 

pdt Wrote:
-------------------------------------------------------
> Lackawanna484 Wrote:
> --------------------------------------------------
> -----
> > I suspect the people in East Palestine are very
> > scared. The air smells, there's poisoned soot
> on
> > everything, people in hazmat suits are telling
> you
> > things are fine.  Your animals are dying. 
> >
> > People you don't trust, the railroad and the
> > politicians, are showing up for photo ops.
> Folks
> > you don't know, the outside lawyers, are
> telling
> > you to be very scared. You are breaking out in
> > rashes, your kids are coughing.  "The
> internet"
> > is telling you about all the bad stuff going
> down,
> > and how the railroad is gonna bribe everybody
> to
> > get away with this mess.
> >
> > It has to be a truly awful set of choices.
>
> I cant say that I agree,
> !st of all, none of us that i know of, are in E
> palestine, so none of knows what its really like
> there.      Personally, I think the NS hazmat
> ppl who were on the scene did the best they
> could.  Tank cars were getting close to
> exploding.  They drained them and (their
> decision) lit off they liquid in a controlled
> burn.  IDK if there could have been a way to move
> the vinyl chloride away safely without the burn. 
> Of course, it would have been a better choice if
> possible.
> From their its been a botched PR nightmare driven
> by the 2 basic human driving forces, greed and
> fear. 
>
> When they lit off the VC, there was a fireball,
> which the news media  jumped on to sell their
> prodict and advertising .  NS top brass were PR
> idiots, and didnt step in and say the right things
> just to help calm people down.  The  Ohio
> governor was there, but apparently he was little
> help. 
> Then there were the town halls...and things have
> just been going down hill, with the ambulance
> chasers now descending en mass.  You really think
> they care about the residents of E
> Palestine?    They just want the opportunity to
> get a big paycheck for themselves.  If there were
> no big money potential for them, you thing they'd
> be there just to help out for $500. a day.  They
> want $500 an hour. 
> As for the residents, i dont know what to
> believe.  After you've heard that u might be able
> to get a million bucks...yes a million
> dollars...if you are sick.....a whole lotta people
> start feeling sick.   If i stand next to you and
> start talking about a rash..I'll bet u'll start
> itching.
>
> Not that I wouldnt want ppl who have had actually
> reactions to toxic chemicals. to be taken care
> of.....the govt and NS should be taking care of
> them 1st.  Get ppl to hospitals and have them
> checked out.  NS should pay for it....and they
> should have done that from the beginning.
>
> Right now all i see are a bunch of marginally
> honest ppl, all around, all thinking about their
> personal interest only.
>
> As I;ve said before, Honesty isnt worth a rats ass
> in this country, and that and greed are at the
> bottom of everything anymore.
>  

Good suggestions, but that doesn't seem to be happening on the ground.  There's a widespread belief that taking any of  NS's money will limit your options down the road.  Who would trust them anyway?

getting to a hospital or doctor should have nothing to do with damage payouts.  NS or the govt should pay for it, without asking ppl to sign away any rights. If ppl are healthy, they will have no grounds for suing.

If ppl are choosing...id rather not see a doctor, and rolling the dice for getting sick and a large payout....well then whose being greedy.

If honesy were held in higher regard than money, none of this would be an issue.

Don't want to draw any sort of comparison to 9/11, that was by far a much larger pile of toxic fumes and dust comapred to this accident, but watching 20 years later how many people have passed away and many likley from breathng in the dust on the pile, but I can only wonder what happens 10-20 years from now in E.Palestine, and not just the residents but the crews involved in the clean up, support folks and 1st resonders.  Not going to be the last time this happens with a railway accident either, only a matter of time.  Unfortunatly this will soon pass from the national spotlight and I only hope things wont get swept under the rug too much.

Do you think this will mark the end of PSR and is it possible there will be some regulation on length of trains in tjhe coming year or two?

Theres a little movement on train length limitations in a few states.

As for PSR...Its not a real "thing", it was is just a catch phrase used to justify longer trains and what they really want..less employees.
Will the push for more revenue from less employees ever end...I doubt it.     For whatever reason, the big RR industry seems to just hate employees.  And accidents are just a cost of doing business....

ALtho...i can hear the shouting in the C suite... The boss telling his minions  "stop those derailments" ...with no added expenditure or employees, of course.   And when that cant be done, then its time to play musical chairs in order to boost stockholder confidence and stock price.    This is the sad state of many way too large businesses..

>
>    Don't know about where you live but here
> about every other tv commercial is from one or
> another ambulance chaser law firm.
>
>     East Palestine is an ambulance chasing
> lawyers wet dream !!
>
>      Sad but true. Ross Rowland 

I think about that a lot.  And I totally agree, as it seems that you can't go 10 minutes without seeing a commercial for legal assistance.  It seems like all that evolved in just the last couple of years.  Sign of the times, I suppose...

No doubt the NS has its legal team working overtime, trying to minimize its cost.  To think the residents shouldn't have legal representation trying to maximize their payouts is ridiculous.   

I've seen both sides - where it's nearly inexplicable that a railroad gets held responsible for anything (New Orleans tank car leak in the yard, and the CSX Sarah Jones death in Georgia, others) where virtually nothing was within their control and also situations where the railroad is CLEARLY at fault but will hold out and finally settle after denying anything and even pleading Act of God.    It goes both ways.   Big target on their back draws big lawyers.  That's why Class 1's are so vehemently against any kind of passenger operations over their property, it's a liability exposure no matter what they do.   When you moan about Class 1's not allowing steam excursion operations, remember that.

In this case, the worst part wasn't the actual derailment, it was the burn-off, chain of command, and that's still a little fuzzy, at least to me.

And you'll have knee-jerk regulatory action now, justified or not, and practical or not.   And for at least the next 90 days, any derailment anywhere will be regarded as a front-page news item even if a bare-table container train.  When the regulatory reaction, at least immediately, should probably be left to FRA to put out an emergency order based on actual evidence rather than Congress.   Congress is playing to the press and cameras and will undoubtedly come up with something impractical, unenforceable, unwieldy, and unintelligible, but NOW. 

We've had a lot of accidents since Lac Megantic that didn't get much press, just lucky.   But it only takes one tank car and physics to change all that.    The railroads have seen plenty of results of long train physics well before this happened, as well as stringlines, etc.   Remember how many derailments have happened at the KC junction, or Horseshoe, or anyplace else.   NS is actually trying to do something, commendable, late, but it will get lost in the chaff.

 

randgust Wrote:
-------------------------------------------------------
>SNIP

  When
> the regulatory reaction, at least immediately,
> should probably be left to FRA to put out an
> emergency order based on actual evidence rather
> than Congress.   Congress is playing to the
> press and cameras and will undoubtedly come up
> with something impractical, unenforceable,
> unwieldy, and unintelligible, but NOW. 
>
> We've had a lot of accidents since Lac Megantic
> that didn't get much press, just lucky.   But it
> only takes one tank car and physics to change all
> that.    The railroads have seen plenty of
> results of long train physics well before this
> happened, as well as stringlines, etc. 
>  Remember how many derailments have happened at
> the KC junction, or Horseshoe, or anyplace else. 
>  NS is actually trying to do something,
> commendable, late, but it will get lost in the
> chaff.
>
>  
As soon as the FRA puts out a regulatory order, expect the AAR to file suit arguing that FRA has exceeded its legal jurisdiction.  That's been a way to thwart clean air, clean water, etc regulations for decades.

And the complaint is often right.

Long trains.  No caboose.  No one on the rear of the train, watching.  Defective equipment.  And a very, very poor response from NS, and the Feds.

Meanwhile, a very toxic substance is now in your community.

Whatever happens to NS will not be a shock.  t's going to be very, very, very expensive.

I find it interesting that some people on here lambasting lawyers have, I assume, had to use the services of lawyers and legal departments for MANY years. Me thinks doth protest too much.

Every lawyer is a ambulance chasing SOB, except MY lawyer. That man is a SAINT!!

Y’all ever wonder why the term “GETTING RAILROADED” came about and think about what it means? Ask a Class One employee.

Regards

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