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Tim

Tim D. Wackerbarth

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Tim Wackerbarth represents some of the world’s most prominent freight and passenger railroads, including Amtrak, Union Pacific Railroad Company, BNSF Railway Company and the Canadian National Railroad in complex litigation, liability and regulatory matters. He also represents commuter railroads, including Sound Transit.

Tim counsels clients on:

Railroad litigation;
FELA litigation;
FRSA litigation;
Wrongful death and catastrophic personal injury litigation;
Product liability and mass torts;
Life insurance;
Environmental; and
Employment litigation.

He has extensive trial experience in state and federal courts in Washington and Oregon, including:

Representing carriers in railroad related litigation, including FELA, FRSA and grade crossing;
Advising carriers in claims for spilled fuel and other contaminants;
Manufacturers in product liability and toxic tort litigation; and
Insurers and insured businesses in complex insurance coverage litigation.

Tim is active in many industry associations including The National Association of Railroad Trial Counsel (NARTC), where he is past Regional Vice President and a current member of the Executive Committee. He is also President of the Association of Transportation Law Professionals (ATLP) and an active member of the Defense Research Institute (DRI) and Washington Defense Trial Lawyers (WDTL).

Representative clients include:

American Presidents Line
APL Land Transport
BNSF Railway Company
Canadian National Railway Company
Metropolitan Life Insurance Company
National Railroad Passenger Corporation
New York Life Insurance Company
NYLIFE Securities, Inc.
Sound Transit
Square D Company
Weyerhaeuser
Union Pacific Railroad Company
USAA Life Insurance Company
Xerox

Experience

Paul Parker, Personal Representative of the Estate of Curtis Rookaird v. BNSF Railway Company
Case No. 2:14-cv-00176U.S. District Court, Western District of Washington
Successfully defended BNSF Railway Co. in a Federal Railroad Safety Act whistleblower/retaliation case.
Estate Of Maia Haykin And Richard Haykin, Apps. V. City Of Bellingham, Et Al., Res.
Case No. 10-2-00168-5Whatcom County Superior CourtBellingham, Washington
Successfully defended National RR Passenger Corp. against a wrongful death lawsuit filed by the estate of an individual killed by an Amtrak train while crossing railroad tracks in Bellingham, Washington.
House v. Amtrak and BNSF Railway Company
Case No. 11-CV-2110-TSZU.S. District Court, Western District of Washington
Successfully defended National RR Passenger Corp. against a lawsuit filed brought by a driver severely injured in a train accident in Marysville, Washington.
McVay v. BNSF Railway Company
Case No. 2014 FRS-00068
Successfully defended BNSF against a whistleblower/retaliation claim under the Federal Rail Safety Act.
Panter et al v. BNSF et al
Case No. 3:2011cv05691U.S. District Court, Western District of WashingtonTacoma, Washington
Successfully defended National RR Passenger Corp. in litigation brought by family members of a woman who died in a vehicular grade crossing accident involving a BNSF train and an Amtrak train in Bucoda, Washington.
Powers v. Union Pacific Railroad Company
Case No. 2010-FRS-030
Successfully defended Union Pacific against whistleblower and retaliation claims under the FRSA.
Electrical Equipment Manufacturer Product Liability Claim
Successfully represented an electronic equipment manufacturer in product liability and toxic tort litigation.

Community Involvement

American Bar Association

Member, Rail and Motor Carrier Law Committee — Tort and Insurance Practice Section
Member, Life Insurance Committee — Tort and Insurance Practice Section

National Association of Railroad Trial Counsel

Executive Committee
Regional Vice President

Washington State Bar Association, Member

Washington Defense Trial Lawyers Association, Member

Association of Transportation Law Professionals

President (2019-2020)
Board of Directors

Defense Research Institute, Member

Washington Athletic Club, Member

Seattle Tennis Club, Member

Thought Leadership

August 19, 2021News
The Best Lawyers in America© 2022 Recognizes 90 Lane Powell Attorneys
Awards & Honors
July 15, 2021News
Forty-Three Lane Powell Attorneys Recognized by Super Lawyers for 2021
Awards & Honors
December 1, 2020Event / CLE
Cutting Edge Transportation Issues for Litigation and Transactional Cases
ProLawCLE | Virtual
August 20, 2020News
The Best Lawyers in America© 2021 Recognizes 92 Lane Powell Attorneys
Awards & Honors
July 16, 2020News
Thirty-Two Lane Powell Attorneys Recognized by Super Lawyers in Washington for 2020
Awards & Honors
August 15, 2019News
The Best Lawyers in America© 2020 Recognizes 63 Lane Powell Attorneys
Awards & Honors
June 10, 2019News
Thirty-one Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Nine Named ‘Washington Rising Stars’
Awards & Honors
August 15, 2018News
The Best Lawyers in America© 2019 Recognizes 62 Lane Powell Attorneys
Awards & Honors
June 18, 2018News
Thirty-two Lane Powell Attorneys Named ‘Washington Super Lawyers’ and 14 Named ‘Washington Rising Stars’
Awards & Honors
May 11, 2018News
Beck and Wackerbarth Honored by America’s Top 100 Civil Defense Litigators®
Awards & Honors
August 15, 2017News
Fifty-nine Lane Powell Attorneys Named in The Best Lawyers® in America 2018
Awards & Honors
August 17, 2016News
Fifty-one Lane Powell Attorneys Named in The Best Lawyers in America® 2017
Awards & Honors
August 17, 2015News
Forty-eight Lane Powell Attorneys Named in The Best Lawyers in America® 2016
Awards & Honors
August 18, 2014News
Fifty-One Lane Powell Attorneys Named in The Best Lawyers in America® 2015
Awards & Honors
June 13, 2014News
Thirty-five Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Fifteen Named as ‘Washington Rising Stars’
Awards & Honors
June 14, 2013News
Thirty-Six Lane Powell Attorneys Named ‘Washington Super Lawyers’ and Sixteen Named as ‘Washington Rising Stars’
Awards & Honors
June 13, 2012News
28 Lane Powell Attorneys Named ‘Washington Super Lawyers;’ 12 Named as ‘Washington Rising Stars’
Awards & Honors
August 9, 2011News
Thirty-six Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine
Awards & Honors
June 20, 2011News
Twenty-six Lane Powell Attorneys Named ‘Washington Super Lawyers;’ Ten Lane Powell Attorneys Named As ‘Washington Rising Stars’
Awards & Honors
July 20, 2010News
58 Lane Powell Attorneys Listed as Top Lawyers in Seattle Metropolitan Magazine
Awards & Honors

Practices & Industries

Commercial Litigation
Labor, Employment & Benefits
Transportation

Education

Willamette University , J.D., 1983
- Willamette Law Review, Associate Editor (1982-1983)
Westmont College , B.A., magna cum laude, 1979

Admissions

Washington
U.S. District Court, Eastern and Western Districts of Washington
U.S. Court of Appeals, Ninth Circuit

Honors

"Washington Super Lawyer," Thomson Reuters, Transportation/Maritime (2011-2014, 2018-2021)

America’s Top 100 Civil Defense Litigators®, Washington (2018)

Judicial AV Preeminent® Rating by Martindale-Hubbell®

Avvo Rated 10/10 “Superb”

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