David is extremely knowledgeable about and has a successful track record of working with Class I railroads. He has litigated disputes arising from joint line agreements, inter-railroad marketing agreements, haulage agreements, trackage agreements, reciprocal switch agreements, and car hire agreements. His experience includes disputes involving the Interline Settlement System (ISS), Car Hire Data Exchange System (CHDX), Switching Settlement Data Exchange (SSDX), and the Rate EDI Network (REN). He has litigated claims governed by the Code of Car Hire Rules (CCHR), the AAR Interchange Rules, and the Railway Accounting Rules (RAR) including ISS Rules and Railroad Clearing House (RCH) Rules. He has experience with rate adjustment disputes involving the Uniform Railroad Cost System (URCS), the Rail Cost Adjustment Factor (RCAF), and the All Inclusive Index Less Fuel (AIILF).
Nationwide and with a particular emphasis on Missouri and Kansas, David has handled property cases involving railroad rights of way. He has prosecuted condemnation proceedings and defended railroads in condemnation cases.
He also has extensive experience in property disputes involving right of way ownership and easement interests including crossing and longitudinal uses of railroad rights of way.
A Class I railroad has also used David to prosecute derailments claims. He has participated in derailment investigations and cases involving improper car loading, as well as failed wheel rims, side frames and bolsters. He is familiar with industry standards including AAR Interchange Rules, AAR Maintenance Advisories, FRA Safety Advisories, and AAR Open Top Loading Rules. He has experience using data from Train Event Recorders, Wheel Impact Load Detectors (WILD) and Truck Performance Detectors (TPD) in the prosecution of derailment claims.
David has litigated a variety of cases, including misappropriation of trade secrets, dealership/distribution terminations, non-competition agreements, breach of fiduciary duty, shareholder disputes, accounting malpractice, and breach of contract disputes.
David has litigated in the United States Courts of Appeal for the 10th and 8th Circuits, the Federal Panel for Multi-District Litigation and in United States District Courts in Missouri, Kansas, California, Idaho, Iowa, Montana, Nebraska, North Dakota and New York. In addition, he has litigated in the state courts of Missouri, Kansas, California, New York and the Supreme Court of Iowa.
