Nicole E. Bazzy
Nicole E. Bazzy
Biography
Member Nicole E. Bazzy practices in the areas of civil litigation and railroad law. A seasoned litigator with experience in and out of the courtroom, Ms. Bazzy has defended Class I and short line railroads in a variety of matters, including occupational disease, toxic tort, and railroad crossing litigation. She has also represented employers in various aspects of employment law, including risk management and regulatory compliance, and has experience with the development and implementation of company policies and procedures.
Prior to joining Burns White in 2004, she concentrated her practice on insurance law and defense litigation. Ms. Bazzy obtained her Juris Doctorate in 2001 from Duquesne University School of Law in Pittsburgh, Pennsylvania. Throughout her legal education, Ms. Bazzy was employed on a full-time basis as a law clerk, gaining valuable experience in various areas of law. Ms. Bazzy earned a Bachelor of Arts degree in Communication in 1996 and a Master of Arts degree in Corporate Communication in 1997, both from Duquesne University.
A native of Pittsburgh, Ms. Bazzy is an active member of the Pennsylvania Bar Association and Allegheny County Bar Association. She is also active in the Down Syndrome Association of Pittsburgh and the Miracle League of Southwestern Pennsylvania.
Credentials
Areas of Law
- Litigation
- Transportation
- Federal Employers’ Liability Act (FELA)
- Estate Planning and Administration
- Labor and Employment
Education
- Duquesne University School of Law (J.D., 2001)
- Duquesne University (M.A., cum laude, 1997)
- Duquesne University (B.A., cum laude, 1996)
Bar and Court Admissions
- Pennsylvania
Memberships
- Pennsylvania Bar Association
- Allegheny County Bar Association
- Litigation Section
- Labor and Employment Law Section
- Women in the Law Division
- National Association of Railroad Trial Counsel
- Executive Committee
- COVID-19 Employee Claims FELA Subcommittee
- American Short Line and Regional Railroad Association
- General Counsel Committee Member
- Keystone State Railroad Association
Accolades & Involvement
- Selected by her peers for inclusion in Best Lawyers in America® for Railroad Law, 2022-2025
Presentations
- “An Update on Cancer Litigation,” Liability Seminar, July 2022
- “A Fresh Look at Releases and Judicial Estoppel,” National Association of Railroad Trial Counsel, October 2021
- “Run, Hide, Fight: Active Shooter Events,” American Short Line and Regional Railroad Association, October 2020
- “COVID-19 OSHA Compliance Issues,” Burns White Insights, October 2020
- “Off the Rails: Litigating the Catastrophic Derailment,” Environmental and Emerging Claim Manager Association, April 2018
- “Hot!Hot!Hot! Legal Tracks,” American Short Line and Regional Railroad Association, April 2017
- “Medicare Compliance and Settlement,” American Short Line and Regional Railroad Association, April 2015
Publications
- “Using Judicial Estoppel To Prevent Employees From Pursuing Fraudulent Claims,” Burns White Insights, November 2021
- 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
- “Active Shooter Incidents: Prevalence, Theories of Liability, and Best Practices for Risk Mitigation,” Author, Burns White Insights, November 2020
- “Off the Rails: Preparing for and Handling Derailment Claims,” Author, Burns White Insights, July 2019
Representative Matters
- Obtained summary judgment for a major railroad carrier in a chronic myeloid leukemia case filed in Fayette County, Pennsylvania. Plaintiff, a former railroad engineer, filed his action under the Federal Employers’ Liability Act (“FELA”) and the Locomotive Inspection Act (“LIA”) alleging that the railroad negligently exposed him to various substances over the course of his career and that this exposure had caused his cancer. In its summary judgment motion, the railroad argued that Plaintiff failed to disclose any expert reports as required by the civil rules and the trial court’s scheduling order and had no evidence that his cancer was caused by his alleged occupational exposures. The trial court agreed that Plaintiff had not adduced sufficient evidence in the record to establish the required causation element of his claims, and dismissed Plaintiff’s claims with prejudice.
- Successfully obtained summary judgment in the Court of Common Pleas of Philadelphia County, Pennsylvania on behalf of Railroad Defendants in an occupational exposure and wrongful death action filed under the Federal Employers’ Liability Act by the spouse of a former employee on the basis of lack of standing and failure to comply with the statute of limitations.
- Obtained a nonsuit on behalf of a Railroad Defendant, in a trial in the Court of Common Pleas of Philadelphia County. Plaintiff, a railroad conductor, alleged in his lawsuit that he developed cumulative trauma injuries to his knees, resulting in bilateral knee surgeries, as a result of walking on ballast and climbing on and off locomotives and rail cars during his railroad employment. Plaintiff retained an expert in occupational medicine, who opined that Plaintiff’s work for the railroad caused his knee injuries.
- Obtained a defense verdict in the Court of Common Pleas of Allegheny County, Pennsylvania, on behalf of a Railroad Defendant. Plaintiff alleged that he developed bilateral carpal tunnel syndrome due to his work as a railroad conductor. He alleged that his injuries developed due to exposure to cumulative trauma as a result of operating switches, setting/ releasing handbrakes, and otherwise performing the job duties of a conductor.
