James H. M. Savage is a Washington, DC transportation law specialist with more than 30 years of STB and court room experience.
Litigation Practice
Mr. Savage has extensive experience handing employment “work place” legal issues such as Federal Employers Liability Act and Longshore and Harbor Workers Compensation Act claims; employee “Right-to-Know” issues; employee medical clearance issues; Railroad Retirement Board and Social Security disability claims; drug and alcohol testing; minor disputes under the Railway Labor Act; FRA and OSHA compliance issues and other areas of transportation law.
Mr. Savage has represented Class I railroads, Amtrak and New Jersey Transit in State and Federal litigation involving FELA claims, as well as contract and negligence claims against construction contractors, public utilities, telecommunications firms, insurance carriers and self-insureds. Representative matters include:
• Successfully represented a Short Line railroad seeking to vindicate federal rights against interference from local government seeking to restrict railroad’s interstate transportation activities. Cape May Seashore Lines, Inc. v. Middle Township, NJ, U.S. District Court (D.N.J.2009).
• Negotiated favorable settlement and early release of New Jersey Transit Bus Operations from lawsuit arising out of catastrophic head injuries sustained by 12 year old struck while crossing street after alighting from NJT bus. D’Asia Phillips v. East Orange Board of Ed, et al , New Jersey Superior Court, (L. Div. 2004).
• Appeared before the U.S. Court of Appeals for the Third Circuit on behalf of New Jersey Transit in the successful defense of a corporate successor liability action brought by certain employees of the former Central Railroad of New Jersey alleging occupational injury. In Re: Central Railroad of New Jersey, 950 F.2d 887 (3d. Cir. 1991).
• Authored the railroad’s trial brief in Zarrow-Smith v. New Jersey Transit, 953 F. Supp. 581, 585-86 (D.N.J., 1997) a precedential case involving a wrongful death lawsuit brought on behalf of a railroad worker succumbing to lung cancer. The District Court’s published opinion upholding a jury determination attributing 95% of decedent’s damages to smoking has been cited nationally.
• Obtained partial summary judgment barring an FELA hearing loss claim under the Statute of Limitations. Polizzi v. New Jersey Transit, N.J. Super., App. Div., A-5360-01 (Nov. 18, 2003).
• Successfully defended a railroad employee’s occupational Lyme disease lawsuit in Wallace v. New Jersey Transit. The trial resulted in the jury failing to return a verdict for plaintiff despite favorable venue in Ocean County, NJ, a Lyme disease “hot spot”.
• Negotiated the early dismissal of all claims against American International College in Bowers v. NCAA, 974 F.Supp. 459 (D.N.J. 1997) & 9 F.Supp.2d 460 (D. N.J. 1998), a federal civil rights lawsuit involving a learning disabled student-athlete who was denied initial eligibility by the NCAA and several member institutions other than AIC.
• Tried Battista v. New Jersey Transit, a “fear of HIV secondary to needle prick” lawsuit, to verdict in Philadelphia’s Court of Common Pleas. Plaintiff reduced his demand by 80% following cross-examination.
• Successfully represented Jersey Central Power and Light Company in major environmental actions including Lore v. Lone Pine and In re: Edgeboro Landfill.
Regulatory and Administrative Practice
Mr. Savage represents Regional and Shortline Railroads, as well as public entities including multi-state authorities, state agencies and transportation departments, county governments, cities, municipalities, and economic development agencies, in regulatory, administrative and corporate matters. Representative matters include:
• Appearing for Applicant at STB oral argument in connection with GNP Rail, Inc.’s initiative to privately reactivate rail banked portions of the former BNSF East Puget Sound Rail Line in King County, WA. STB Finance Docket No. 35407 et al. (webcast: stb.dot.gov/stb/audiomee.nsf)
• Obtaining regulatory and environmental approval for new rail line construction projects, such as the Brookhaven Rail Terminal on Long Island, NY in U S Rail Corp.-Construction and Operation Exemption-Brookhaven Rail Terminal, STB Finance Docket No. 35141
• Negotiating for Berks County, PA’s acquisition of the Colebrookdale Rail Line from East Penn Railroad, LLC in East Penn Railroad, LLC-Abandonment Exemption-In Berks and Montgomery Counties, PA , STB Docket No. AB-1020X
• Coordinating the acquisition or lease of various rail lines by the Wisconsin & Southern Railroad Company in Wisconsin & Southern Railroad Company-Acquisition and Operation Exemption-Union Pacific Railroad Company, STB Finance Docket No. 35144 (Decision served Apr. 20, 2009)
• Identifying federal funding sources for new freight and passenger rail projects
• Obtaining STB authority for the City of New Brighton, MN for adverse abandonment of a discontinued spur of the Minnesota Commercial Railway to facilitate mixed use redevelopment of the property in Minnesota Commercial Railway Company - Adverse Discontinuance - Ramsey County, MN, STB Docket No. AB-882 and M T Properties, Inc. - Adverse Abandonment – Ramsey County, MN, STB Docket No. AB-884
• Providing private equity firms legal advice and guidance in connection with railroad industry regulatory matters, such as the STB cost of capital determination proceedings such as STB Ex Parte No. 664, Methodology To Be Employed In Determining The Railroad Industry's Cost Of Capital
• Preparing operating agreements between short line railroads and public agencies in connection with lines being acquired by such agencies
Corporate Practice
• Corporate Counsel to D.C. based international TV news broadcast network
• Serve as Special Counsel to Washington State based freight railroad in Chapter 11 reorganization proceedings.
• Served as legal consultant to R.C.H. Services, Inc., a New Jersey based cable telecommunications firm in connection with Comcast"’s acquisition of Patriot Media.
Publications
• FRA Role in Shared Right of Way Transactions, Legal Tracks, Jan. 2008
http://members.aslrra.org/upload/Legal%20Tracks%20Newsletter%20-%20January%2011%2C%202008_639926127_6212008232632.pdf
• Railroad Regulation Under the Clean Air Act, Legal Tracks, Jul. 2008 http://members.aslrra.org/upload/Legal%20Tracks%20Newsletter%20-%20July%207%2C%202008_249847479_772008133540.pdf
Presentation
• EPA Regulation of Railroads Under the Clean Air Act, American Short Line and Regional Railroad Assn., Annual Meeting, San Antonio, TX, May 2008
Professional Affiliations
• District of Columbia Bar Association
• National Association of Railroad Trial Counsel
• Transportation Research Board
• American Short Line and Regional Railroad Association
• New Jersey and Connecticut Railroad Associations
Admitted to Practice
New Jersey and the District of Columbia
Third Circuit and D.C. Circuit Courts of Appeals
Education
Pace University School of Law – J.D.
Villanova University School of Business - B.S.
Zealous client representation before Courts and Administrative Agencies.
