ST. LOUIS, Mo. -- The BNSF Railway Co. is making tracks out of St. Louis County.
The Fort Worth, Texas-based railroad has moved its registered agent 210 miles southwest -- to Springfield, Mo., in Greene County.
Some plaintiffs' lawyers privately have suggested that the move to Springfield is an example of something the railroad has opposed for years -- forum shopping in Federal Employers Liability Act cases.
The railroad has suggested that the plaintiffs' lawyers sought out juries sympathetic to their clients, injured workers; now, some plaintiffs' lawyers contend that the railroad moved to Greene County in search of conservative jurors more receptive to their arguments.
After suffering what they viewed as oversized verdicts for injured workers in Madison County and in St. Louis, railroads worked for change. In 2005, the Missouri Legislature narrowed the law, allowing the railroads to defend themselves in the counties where their registered agents are located.
The BNSF registered agent relocated to an address in Clayton. But in three FELA trials there, the reception was rather cold -- a $1.05 million verdict and a $650,000 settlement with BNSF and a $300,000 agreement with Union Pacific.
Although as many as 20 FELA cases remain in St. Louis County Circuit Court, the new shop has been set up at 1845 South National Avenue in Springfield, the office of Kansas City-based law firm Lathrop & Gage.
The change was recorded on July 9 with the Missouri Secretary of State's office.
St. Louis County "had earned a reputation for being conservative in injury cases," said one FELA attorney. "The railroads were surprised that juries would evaluate these cases (fairly)."
Another defense attorney said the outcomes confirmed the conservative bent of county juries. He had all three cases in Clayton.
He said he would continue to defend the remaining cases. "In the city, this case would have had a verdict range substantially in excess of the $1.05 million," he said. "The most recent settlements and verdict, the clients were most happy with."
The attorney said a third-party railcar-maintenance company was hit with paying the $1.05 million verdict.
He said BNSF Railway moved its registered agent to Springfield because it has more resources and employees -- about 1,000 -- in that area. It has about 150 employees in the St. Louis metro area.
The new BNSF registered agent said information about the change had to come from one of his law firm colleagues. The colleague, who is located in Topeka, Kan., didn't respond to an e-mail seeking comment.
So, it looks like St. Louis County turned out to be a legal whistle stop.
(The preceding article by Joe Whittington was published August 28, 2008, by the St. Louis Post-Dispatch.)
Heh. Smart move for BNSF, less good for the people who actually make the railroad run. We have enough wing nuts down here to assemble 1,000 Brooklyn Bridges.
