When disputes involving rail and transit clients cannot be resolved by negotiation, the Kaplan Kirsch & Rockwell team litigates cases before the Surface Transportation Board (STB), federal and state courts, or other administrative tribunals, including the Federal Railroad Administration and the Railroad Retirement Board.
We have extensive experience handling the full range of proceedings before the STB, including: petitions for declaratory orders, exemptions and offers of financial assistance; National Trails Act matters; operating and track access matters; and applications for control and abandonment (both affirmative and adverse) cases.
When disputes require litigation in federal or state courts, our litigators combine their litigation experience with deep rail and transit law experience to develop a principled and creative strategy. We frequently litigate cases of first impression and cases in which obtaining a positive outcome is mission-critical in order to assure access to rail or transit facilities, preserve trail use conditions for our client, or protect operations from interference. Whether before a court or the STB, our deep knowledge of the substantive law and litigation savvy enables us to present the best case for our clients.