Daniel J. Cohen

DANIEL J. COHEN

Daniel J. Cohen received his Juris Doctorate from Washington University in 1992.  He is admitted to the Bars of Missouri, Illinois and Florida.  He is also admitted in multiple federal district courts and circuit courts of appeal.

For the last 27 years, Dan has handled plaintiff-side personal injury cases, with a primary but non-exclusive emphasis on Federal Employers Liability Act (“FELA”) litigation.  Dan has first-chaired 30+ personal-injury jury trials in multiple state and federal jurisdictions.  He has obtained several seven-figure verdicts, and numerous six-figure verdicts.

In 2002, Dan added plaintiff-side consumer class actions to his practice, and that additional litigation focus has continued to present.  For the last ten years, Dan’s class-action practice primarily has involved Telephone Consumer Protection Act (“TCPA”) litigation in state and federal courts around the country.  Dan has first-chaired several TCPA class-action trials (jury and bench).

In both the personal-injury and class-action contexts, Dan has handled dozens of appeals in many different state and federal jurisdictions, including researching, briefing and oral argument.

 

Educational Background

1989 – Washington University (St. Louis, Missouri) – B.A. (Political Science)

1992 – Washington University School of Law (St. Louis, Missouri) – J.D.

 

Admissions

State Bar of Missouri – 1992

State Bar of Illinois – 1993

State Bar of Florida – 2017

Third Circuit United States Court of Appeals

Seventh Circuit United States Court of Appeals

Tenth Circuit United States Court of Appeals

Eleventh Circuit United States Court of Appeals

United States District Court for the Eastern District of Missouri

United States District Court for the Western District of Missouri

United States District Court for the Southern District of Illinois

United States District Court for the Northern District of Illinois

United States District Court for the Eastern District of Wisconsin

United States District Court for the Middle District of Florida

United States District Court of Colorado

 

Select and Notable Trials/Settlements

Reilly v. Norfolk & Western Ry. Co., Case No. 22912-09559, Circuit Court for the City of St. Louis, Missouri

 

1994 FELA verdict ($175,000) for railroad employee who suffered mild concussion and crush injury to tip of finger when rock he threw up a hill rolled back down on him.  Trial court entered order of remittitur, which was refused by plaintiff, and trial court granted defendant’s motion for new trial.  Appeal filed.  Settled on appeal.

 

Bailey v. Norfolk & Western Ry. Co., Case No. 22922-00709, Circuit Court for the City of St. Louis, Missouri.

 

1995 landmark FELA verdict ($404,475) based on unprecedented theory of negligent shift-work schedule cumulatively causing railroad employee’s ulcers and heart disease.  Affirmed on appeal.

 

Roberson v. Union Pacific R.R. Co., Case No. 150224, District Court of Jefferson County, Texas.

 

1998 FELA verdict ($1.6 million) for in-service railroad employee who suffered torn medial meniscus while walking on loose, oversized ballast, and missed two months of work after surgery.  Affirmed on appeal.

 

Estrada v. Ford Motor Company, Case No. 00CV225143, Circuit Court of Jackson County, Missouri.

 

2005 settlement (confidential) of claim alleging that defective rear-center, lap-only design of seat belt caused paraplegia as a result of low-speed, front-end collision.

 

Smith v. Union Pacific R.R. Co., Case No. G-04-276, United States District Court for the Southern District of Texas.

 

2005 verdict ($492,750 after reduction for 25% comparative fault) for in-service claim of railroad employee who suffered torn meniscus from stepping on debris in rail yard.  Settled after verdict.

 

Perez v. Unified Gov’t of Wyandotte County/Kansas City, Kansas, Case No. 06-CV-1588, District Court of Wyandotte County, Kansas.

 

2008 verdict ($1.7 million) against local government for wrongful death of young-adult decedent resulting from intersectional collision with fire truck responding to emergency.  Settled while appeal pending.

 

Davila v. BNSF Ry. Co., Case No. 09-CV-1460, District Court of Wyandotte County, Kansas.

 

On retrial following grant of plaintiff’s motion for new trial, 2011 FELA verdict ($878,000) based on claim that defendant negligently failed to prevent co-worker’s assault of railroad employee, which aggravated preexisting mental illness, resulting in disability.  Affirmed on appeal.

 

Mettler v. BNSF Ry. Co., Case No. 09-CV-1305, District Court of Wyandotte County, Kansas.

 

2012 FELA verdict ($1.1 million) on in-service claim of cumulative-trauma spine injury to railroad employee caused by driving work vehicle over rough terrain inside rail yard.  Settled (confidential) after verdict.

 

Gutierrez v. Union Pacific R.R. Co., Case No. 380,337-401, District Court of Harris County, Texas.

 

2012 FELA verdict ($1.2 million) for death of railroad employee from brain bleed following work-related leg fracture resulting from slip and fall off of railcar ladder.  Affirmed on appeal.

 

Bullock v. BNSF Ry. Co., Case No. 10-CV-436, District Court of Wyandotte County, Kansas.

 

2013 FELA verdict ($1.7 million) for slip-and-fall injuries to in-service railroad employee.  Vacated and remanded on appeal; settled (confidential) on first day of retrial.

 

Dawson v. BNSF Ry. Co., Case No. 11-CV-337, District Court of Wyandotte County, Kansas.

 

2014 FELA verdict ($3.1 million) for cumulative-trauma spine injury to railroad employee from rough-riding locomotives and defective seats.  Appeal pending.

 

Perez v. BNSF Ry. Co., Case No. 2014-FRS-00043, United States Department of Labor.

 

2016 Administrative Law Judge merits decision finding in favor of complainant railroad employee on FRSA whistleblower claim of retaliation relating to disciplinary charges that led to no actual discipline.  Award of $10,000 compensatory damages to employee for mental distress with no expert testimony, $60,000 punitive damages, and $100,000+ in attorney fees/expenses.  Appeal pending.