Railroads Misconduct "Staggering"

The ruling by Judge Maas in Anoka ordering BNSF RR to pay over 4 Million Dollars in sanctions for misconduct was historic, and necessary to uphold the rule of law in our Minnesota courts. Misrepresentation to the Court, and parties, delaying tactics, spoliation or loss or destruction of critical evidence, obstruction of law enforcement, all revealing a pattern of behavior designed to hide the truth from the families of four young people who died in a RR crossing accident, was so "staggering" that Judge Maas had no alternative but to sanction the railroad, in order to punish them, and deter this kind of behavior in the future.

It is a privilege to represent injured people and work on their behalf to find justice and fight for a fair resolution of their claims. I am proud to have done so for almost 30 years now. In almost every case, the parties and counsel act with integrity and fairness, and treat each other and the court with respect and dignity. In this case, sadly, the opposite was true, and ultimately it became the task of the presiding Judge to invoke the inherent powers of the Court in order to restore fairness, in the form of a sanction to reimburse some of the extraordinary costs incurred by the parties; to compensate the families for the delays caused in getting to trial in the first place, and to force the RR to "disgorge" earnings it enjoyed that rightfully belonged to the families of the victims.

The case is not settled. No compensation has yet to be paid by the RR, which recently issued press statements saying it would appeal. The families involved, including the family I represent, who lost their son, Harry James Rhoades Jr., will continue to fight on, until the case is ultimately concluded. One thing more is certain: we will continue to play by the rules, because that's the way we always practice law, because we who enter courtrooms and try cases for our clients have high ethical and moral standards and value our good reputation and good name. We have and always will welcome a fair fight, and call out to account those who try and hide the truth by cheating.

http://www.startribune.com/local/east/64462297.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUUsA

http://www.twincities.com/allheadlines/ci_13581822?nclick_check=1

Bill Bongard