Edwin B. Palmer
Edwin B. Palmer
Biography
Edwin B. Palmer is a Member of Burns White, focusing his practice on the litigation of railroad grade crossing accidents, FELA claims, toxic tort claims, and third party personal injury claims on behalf of Class I, regional and short line railroads, many of which involve complex medical, legal and scientific issues. Mr. Palmer has also represented railroads in environmental nuisance claims, real estate matters, eminent domain claims, and cases involving claims asserting ICC Termination Act (“ICCTA”) preemption.
In addition to his railroad practice, Mr. Palmer represented several companies in the defense of OSHA citations, notices of violation, and any ensuing administrative litigation.
Mr. Palmer has represented numerous companies, including chemical manufacturers and distributors and railroads in environmental, occupational, and regulatory compliance matters. His trial experience includes the successful defense of clients against multiple claims of toxic solvent encephalopathy, traumatic brain injury, various cancers, Parkinson’s disease and hearing loss.
Mr. Palmer has successfully defended multiple class action claims, including securing the dismissal on summary judgment of a 1,000 member putative class action arising from a derailment and subsequent chemical release. Mr. Palmer also obtained the exclusion of Plaintiff’s liability expert pursuant to Daubert in a putative environmental noise nuisance class action, which led to the dismissal of the case.
In addition to railroad practice, Mr. Palmer also consults with clients on various business matters including entity formation, contractual matters, including contract drafting, and risk management and risk avoidance techniques.
Mr. Palmer is admitted in the Pennsylvania Supreme Court, the Supreme Court of West Virginia, the United States District Court for the Eastern District of Pennsylvania, the United States District Court for the Western District of Pennsylvania, the United States District Court for the Northern District of New York and the United States District Court for the Southern District of West Virginia.
Mr. Palmer has been an invited speaker at railroad and insurance industry conferences, Mealey’s, and the Pennsylvania Bar Institute. Mr. Palmer also writes and presents about OSHA-related matters, including OSHA guidance and requirements with respect to the COVID-19 pandemic.
Mr. Palmer received his B.A. magna cum laude in Government and International Studies from the University of Notre Dame in 1994 and graduated magna cum laude from the University of Notre Dame Law School in 1997.
Credentials
Areas of Law
- Transportation
- Toxic Torts
- Occupational Illness Litigation
- OSHA Regulation
- Environmental
- Business
Education
- University of Notre Dame (J.D. 1997, B.A. 1994)
Bar and Court Admissions
- Pennsylvania
- West Virginia
- Pennsylvania Supreme Court
- The Supreme Court of West Virginia
- United States District Court for the Western District of Pennsylvania
- United States District Court for the Southern District of West Virginia
Memberships
- National Association of Railroad Trial Counsel
- National Association of Chemical Distributors
- Allegheny County Bar Association
- West Virginia Bar Association
Accolades & Involvement
Honors/Awards
- Selected by his peers for inclusion in Best Lawyers in America® for Railroad Law, 2024-2027
Presentations
- “OSHA’S New Tracking of Injuries & Illness Final Rule: What You Need to Know” ChemEdge, August 2016
Publications
- Co-Author, “The Light at the End of the Tunnel? A Discussion of the Legal and Practical Effects of Requiring Employees to be Vaccinated Against COVID-19,” ASLRRA Views and News, January 2021
- “Can You Keep A Secret? Trade Secret Challenges Under Act 13” PIOGA Press, April 2018
- “Where Do We Stand 22 Months After the Enactment of the FSMA?” Chemical Distributor, December 2012
- “Dealing with Uninvited Company: A Brief Guide to Preparing for and Surviving a Government Inspection” PIOGA Press, March 2012
- “What Do They See When They Knock On Your Door? Ensuring Your Facility is Safe and Secure” Chemical Distributor, May 2011
- “Genuine Science or Unscientific Speculation Offered by a Genuine Scientist?” Burns White Insights, January 2008
- “Could the Natural Gas Industry Drown in Lawsuits if Access to Wastewater Treatment is Denied?” Burns White Insights
- “Catch-22: The Erosion of OSHA’s Privilege” Burns White Insights
Representative Matters
- Obtained summary judgment and a dismissal with prejudice on behalf of a transportation client, who was a target defendant in a “take-home” asbestos cancer case. The Plaintiff failed to allege sufficient facts to establish that the Defendant was a successor-in-interest to the Plaintiff’s employer and the alleged source of asbestos exposure.
- Obtained a summary judgment for a Class I railroad in a case brought by multiple plaintiffs seeking certification of a class action on behalf of residents of Hyndman, Pennsylvania who were evacuated following a 2017 derailment.
- Obtained defense verdict on behalf of a Fortune 100 railroad client after a two-week long jury trial in Erie County, Ohio. Plaintiff was a 51-year old machinist claiming that exposure to noise from retarders in a large classification yard led to his development of hearing loss and unbearable tinnitus, or ringing in his ears.
- Following a jury trial in the Court of Common Pleas for Philadelphia County, Pennsylvania, a defense verdict was obtained in favor of two railroad clients. Plaintiff had filed suit under the Federal Employers’ Liability Act (“FELA”) against his former railroad employers alleging that he developed non-Hodgkin’s lymphoma as a result of occupational exposures to diesel exhaust, asbestos, benzene, and creosote. After a one week trial, the Jury returned a defense verdict for both railroad employer clients, finding that the railroads were not negligent, and that they had provided the plaintiff with a reasonably safe place to work.
