Jeffrey A. Jackson
Jeffrey A. Jackson
Biography
A former Pittsburgh prosecutor, Jeffrey A. Jackson brings to his clients a wide range of trial experience in state and federal courts across the country. Primarily, Mr. Jackson’s practice focuses on defending Class I and short line railroads in the areas of occupational disease, toxic tort litigation, qui tam matters, and whistleblower actions brought under the Federal Rail Safety Act (FRSA).
In addition, Mr. Jackson is experienced in counseling clients on many risk avoidance strategies pertaining to occupational injury claims and litigation, including establishing corporate health and safety practices, instituting effective claim management strategies, and creating regional resources of health and safety consultants.
As national coordinating counsel for several large corporate clients, Mr. Jackson has been responsible for managing mass tort litigation, coordinating a consistent corporate approach to discovery, and developing national litigation strategies.
Prior to entering private practice, Mr. Jackson served for four years as an Assistant District Attorney in Allegheny County, Pennsylvania, regularly trying criminal jury and non-jury cases on behalf of the Commonwealth. In 1998, Mr. Jackson co-founded Kelly Hayden LLC, a civil litigation firm based in Pittsburgh, where he represented rail industry corporate clients.
After receiving his law degree, Mr. Jackson served as a law clerk to the Hon. Thomas A. Swope Jr. of the Cambria County, Pennsylvania, Court of Common Pleas.
A frequent presenter, Mr. Jackson has lectured at numerous rail industry conferences on a variety of litigation topics, including the defense of whole body vibration lawsuits, the conduct of expert depositions, preparing corporate officers for deposition, aggressive use of discovery in the defense of FELA Occupational claims, and risk avoidance strategies for whistleblower actions brought under FRSA.
Credentials
Areas of Law
- Occupational Disease Litigation
- Railroad Industry Litigation
- Whistleblower Litigation
- Toxic Tort Litigation
- White Collar and Government Enforcement
Education
- University of North Carolina at Chapel Hill (J.D., 1989)
- University of Notre Dame, government and international studies (B.A., 1986)
Bar Admissions
- Pennsylvania
Memberships
- National Association of Railroad Trial Counsel
- Executive Committee, 2021-present
- Eastern Region Vice President, 2022-2023
- Shortline and Regional Railroad Committee
- Artificial Intelligence Committee
- COVID-19 Government Action Subcommittee
- COVID-19 Employee Claims FELA Subcommittee
- Allegheny County Bar Association
Accolades & Involvement
Honors and Awards
- Selected by his peers for inclusion in Best Lawyers in America® for Transportation Law, 2023-2025
Community/Civic Involvement
- Keystone State Railroad Association Board of Directors, Associate Member
- University of Notre Dame Club of Pittsburgh, Executive Committee
- Pittsburgh Central Catholic High School Crew Board, Former President
Publications
- “The Anatomy of an Effective Whistleblower Retaliation Defense” Burns White Insights, May 2019
- “Getting Autonomous Technology on Track: Opportunities and Challenges for the Rail Sector” Autonomous Vehicle Technology, October 2018
Representative Matters
- Obtained summary judgment for a major railroad carrier in a wrongful death colon cancer case filed in Suffolk Superior Court in Boston, MA. Plaintiff brought her action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed her deceased husband to diesel exhaust, creosote and asbestos throughout his career and that this exposure had caused his cancer. In the summary judgment motion, the railroad argued that Plaintiff failed to timely and properly take actions necessary to become the estate representative, a prerequisite to filing and maintaining a wrongful death action under the FELA. After a hearing and arguments presented by both sides, the trial court agreed with the railroad’s position, granted summary judgment in favor of the railroad, and dismissed Plaintiff’s complaint with prejudice.
- Obtained summary judgment for two major railroad carriers in a bladder cancer case filed in Suffolk Superior Court in Boston, MA. Plaintiff brought his action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed him to diesel exhaust, creosote and asbestos throughout his career and that this exposure had caused his cancer. In the summary judgment motion, the railroads argued that Plaintiff failed to timely file his lawsuit with the applicable statute of limitations under the FELA, as he believed his cancer may have been caused by exposures working as a conductor and brakeman more than three years before he filed his lawsuit. After a hearing and arguments presented by both sides, the trial court agreed with the railroads’ position, granted summary judgment in favor of the railroads, and dismissed Plaintiff’s complaint with prejudice.
- Obtained a dismissal with prejudice on behalf of a Class I railroad carrier in a Federal Employers’ Liability Act (“FELA”) matter in a Hodgkin’s lymphoma case filed in Chattanooga, Tennessee. Plaintiff brought the action under the FELA alleging that the railroad negligently exposed him to toxic substances throughout his career and that this exposure had caused his cancer. Summary judgment in favor of the railroad was granted after Burns White successfully argued for the exclusion of Plaintiff’s medical expert based on Daubert and Tennessee’s expert evidentiary rules.
- Obtained defense verdict on behalf of a railroad client in an occupational cancer case in Philadelphia County. The plaintiff alleged that he developed bladder cancer as a result of occupational exposure to second hand smoke during the course of his forty years of railroad employment. After a four-day trial, the jury reached a defense verdict after deliberating for approximately 40 minutes.
- Obtained a dismissal for a major railroad carrier in a bladder cancer case filed in the Philadelphia Court of Common Pleas. Plaintiff brought his action under the Federal Employers’ Liability Act (“FELA”) alleging that the railroads negligently exposed him to diesel exhaust throughout his career and that this exposure had caused his cancer. At a hearing conducted immediately before jury selection was set to commence, the railroad argued that Plaintiff’s retained expert oncologist failed to apply a sound methodology in arriving at his medical causation opinion in the case. After hearing arguments from both parties, the court agreed, excluding the testimony of Plaintiff’s expert and granting summary judgment in the railroad’s favor and dismissing Plaintiff’s complaint.
- Obtained summary judgment on behalf of WesternRailroad Defendants, in the Circuit Court for Wicomico County, Maryland. Plaintiff, a railroad conductor, alleged in his lawsuit that he developed bladder cancer as a result of exposure to a variety of substances during his railroad employment. The Court agreed that Plaintiff previously released his ability to pursue such a claim when he executed a Prior Release in a similar 2002 lawsuit. Following oral argument, the Court granted Defendant’s Motion for Summary Judgment and dismissed all claims.
- Obtained a defense verdict in a jury trial for a corporate railroad client where the plaintiff argued that he suffered permanent disabling injuries because of the poor ergonomic design of the workplace and the employer’s failure to sufficiently train its workforce.
- Obtained a favorable verdict on behalf of a railroad corporation after a three-week trial in which it was alleged by a consolidated group of plaintiffs that the defendant corporation was aware of a hazardous work exposure and failed to remediate or reduce that exposure or warn its employees of the hazard.
- Assisted a Fortune 100 corporate client to construct its “good news safety story,” including organizing and using extensive documentary evidence for use in mass tort litigation.
