We are proud to represent clients in a diverse range of industries. While our heritage is with clients that represent the traditional face of the Midwest economy — transportation, manufacturing and construction — we have also grown to serve clients in service-focused industries including technology, marketing services, and employer organizations. What we bring to each of these is innovative legal expertise, grounded in litigation experience.
CASE STUDY: ARMSTRONG V. BNSF WHISTLEBLOWER CASE
Daley Mohan Groble tried the first FRSA (Whistleblower) Case in Illinois, winning a no-liability victory for its client
- Our client’s Plaintiff claimed supervisor crushed knee and ankle in door after disagreement about uniform
- Further claimed he was threatened with retaliation if he were to file an injury report
- Defense was that the attack never happened and Plaintiff invented the claim to avoid disciplinary action after insubordination
- Client argued that Plaintiff would have been dismissed even if he had not filed injury report
- Cross examination of doctors revealed that Plaintiff had long-standing degenerative conditions in both knee and ankle. Orthopedic expert testified that knee and ankle issues were pre-existing, chronic arthritis and not acute or traumatic in origin
- Defense claimed that HR statements used at trial were confidential and cumulative, and that the photo used was not a reenactment, and was irrelevant to fair and impartial hearing
- 12-person jury in the U.S. District Court for the Northern District of Illinois rendered verdict of no liability on the issue of retaliation—the first FRSA jury verdict in Illinois
- Judge directed a verdict against Plaintiff – delay of medical treatment – at end of all evidence
DMG KEYS TO SUCCESS
- In depth knowledge of medical depositions
- Thorough understanding of railyard operations to demonstrate attack could not have happened
More on the trial HERE.