Frederick B. Goldsmith

Not one to shy away from a challenge, and due to his tenacity, some say Fred Goldsmith "likes climbing greased flagpoles."  He is the managing member and co-founder of the firm.

Fred represents clients, primarily in Pennsylvania, West Virginia, and Ohio, in admiralty & maritime - Jones Act, Railroad - FELA, motorcycle, ATV, oilfield, serious personal injury and death, civil rights, product liability, and commercial and consumer protection litigation. 

Nearly Two Decades of Legal Experience

Goldsmith's legal experience includes service as Law Clerk to a U.S. District Court Judge, Vice President & General Counsel of one of the country's largest tugboat operators, and an attorney with large and medium sized law firms in Pittsburgh, Pennsylvania, and Houston, Texas.

Martindale-Hubbell A-V Rated

Goldsmith is AV^® rated by his peers in the Martindale-Hubbell Legal Directory, its highest rating.  The Legal Ability rating "A" stands for "very high to preeminent."  "V" stands for "adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities." 

Pennsylvania Super Lawyer^SM

Goldsmith has also been named a Pennsylvania Super Lawyer^SM by Philadelphia and Law & Politics magazines, a designation only 5% of Pennsylvania lawyers achieve. 

Education Including Federal Judicial Clerkship

Goldsmith obtained his B.A. and J.D. degrees from Tulane University in 1983 and 1990, respectively.  After graduating law school, he worked as a law clerk to the Honorable Howell Cobb, U.S. District Judge for the Eastern District of Texas, learning valuable trial and legal writing skills from the judge (a former railroad lawyer) and the many talented civil and criminal trial lawyers from around the Gulf Coast who appeared before the Court.

Tugboat Operator In-House Counsel Experience

While at the tugboat company, Goldsmith was a member of the five-man management team which successfully busted "unbreakable" 28 and 43-year long tugboat monopolies at Port Canaveral and Port Everglades, two Florida seaports.  Their efforts attracted the attention of the Federal Maritime Commission which, following a formal investigation, levied a $750,000 fine against Port Canaveral.  Next, acting as outside counsel to the tugboat company, Goldsmith carefully preserved the company's right to seek its own money damages and then collaborated with a Miami commercial litigation boutique law firm to sue Port Canaveral in Florida federal court, obtaining a confidential settlement for his former employer.

Real World Work Experience

Goldsmith grew up in Pittsburgh.  Before completing his formal education, he swept floors and stacked and bound lumber at a building supply supercenter near Pittsburgh, drove a delivery truck in New York City, bussed tables in New Orleans, served several full lanes of cars as a drive-through bank teller in New Orleans, tutored first graders in a Beaumont, Texas, public school, and in a Houston juvenile detention center counseled a young man awaiting trial after allegedly being a player in Houston's street narcotics world.

For four years between college and law school, Goldsmith worked in the TV news business, first as a general assignment and medical beat reporter, then chief photographer, in the news department of KAMR-TV, the NBC station in Amarillo, Texas.  While working in the Texas Panhandle, Goldsmith was often a one-man-band: videotaping, reporting, and editing feature stories on the rough-hewn men and women in the 26 counties of the Panhandle, including game wardens, farmers, and ranchers.  He is a graduate of the National Press Photographers Association's (NPPA) intensive News Video Workshop held in Norman, Oklahoma, on the University of Oklahoma campus. 

Next, as a member of the IBEW (International Brotherhood of Electrical Workers) union, he worked as a cameraman and “live” truck operator for WLVI-TV’s “The News at Ten” in Boston, Massachusetts.  Although a newcomer to big-market TV news, Goldsmith was nominated for a New England TV News Emmy Award for video he shot of the tragic self-beaching of baby pilot whales on the Cape Cod coastline, their recovery in Boston's New England Aquarium, and subsequent return to sea from a NOAA research vessel.  He now calls on the skills he learned as a television news journalist and photojournalist to present complex cases in a compelling and understandable way to judges and juries.

Background in Oilfield and Maritime Product Liability Law in Texas and the Gulf of Mexico

Before returning to the northeast, Goldsmith was a trial lawyer at two firms in Houston, Texas, where he represented, in state and federal courts, major and independent oil and gas companies, onshore and offshore drilling contractors, oilfield service contractors and suppliers, and commercial vessel operators, in admiralty & maritime, personal injury, property damage, and commercial claims and disputes.  He also represented commercial and recreational vessel manufacturers in product liability lawsuits involving propeller guarding of waterskiing boats, boat and marina fires, and assorted vessel design cases.

A Motorcycle Lawyer Who Rides Dirt Bikes and Street Bikes

Goldsmith, pictured below on a Honda CRF250X at West Virginia's Hatfield-McCoy Trails (he now rides a KTM), is an avid rider of dirt bikes (off-road motorcycles), and the former Secretary of Three Rivers Competition Riders (www.trcr.org).  He also holds a Pennsylvania motorcycle operator's license, has successfully completed the Pennsylvania Motorcycle Safety Program's Basic Rider and Experienced Rider Courses, and includes street bike riding on his list of passions (see below his BMW R1150R from a recent ride in the countryside).  He is a member of Pittsburgh's Sport Bike Alliance, which promotes safe group riding, Four Winds BMW Riders, and Mon Valley - Donora Riders Group.  In his law practice he handles claims and lawsuits arising from motorcycle (both street bike and dirt bike) accidents and ATV (all terrain vehicles, quads, 4-wheelers) accidents.

Someone Who Won't Stop Learning and Asking Questions

Goldsmith believes there's always more to learn.  Thus, when he relocated his practice from the "blue water" (oceangoing) port of Houston to the "brown water" (inland) port of Pittsburgh, to learn first-hand the challenges towboat pilots and captains face, he sat alongside them and successfully completed the River School's U.S. Coast Guard-approved Radar Observer License Endorsement Course.  He's also taken the sticks in his hands and experienced steering a towboat and its tow of loaded jumbo coal barges downbound between the bridge piers of the twisty Monongahela River.  In his law practice, he always gets out of the office to visit the scene of accidents, interview witnesses, and lay his hands on the equipment involved.

Someone Who Shares His Knowledge to Help Others

Goldsmith has authored numerous (see below) articles on admiralty and maritime law and courtroom tactics in legal and maritime industry publications including the Tulane Maritime Law Journal, For the Defense, Pennsylvania Law Weekly, WorkBoat, MarineNews, and Gulf Shipper. He also speaks frequently on these topics.  He is a graduate of the National Institute for Trial Advocacy's (NITA) intensive 8-day trial skills course.

In 1997, Goldsmith originated Marine Legal Update, an e-newsletter on developments in U.S. Coast Guard regulations and state and federal court decisions of interest to the commercial and recreational maritime communities.  Now called Admiralty Update, Goldsmith and his partner Rich Ogrodowski collaboratively produce this informative newsletter for over 4,000 subscribers based in the U.S. and abroad.  You can see all issues and subscribe from the Admiralty Update page on this website.

In July 2009, Goldsmith and his partner, Rich Ogrodowski, launched Rail Update, which focuses on developments in federal railroad regulations and state and federal court decisions of interest to rail workers and their unions.  You can see all issues and subscribe from the Rail Update home page.

Active in Legal and Civic Organizations

Goldsmith is an active member of the Allegheny County Bar Association (serving on the Federal Court Section Council as Vice Chair and newsletter editor, and on the (state) Court Rules Committee, including the E-Filing Subcommittee), the U.S. District Court for the Western District of Pennsylvania's Local Admiralty Rules Subcommittee, The Maritime Law Association of the United States (elected as a Proctor Member and serving on the Inland River Practice, Marine Torts and Casualties, and Recreational Boating Committees), the Pennsylvania Association for Justice, West Virginia Association for Justice, and the Western Pennsylvania Trial Lawyers Association.  He is a former member of the board of directors of both the Waterways Association of Pittsburgh and the Pittsburgh Maritime Club, and a former member of American Inns of Court chapters in Pittsburgh, Cleveland, Houston, and New Orleans.  He is a member of the American Civil Liberties Union and the executive board of the Pittsburgh Area Jewish Committee, a nonprofit human rights organization and independent affiliate of the American Jewish Committee.

Licensed in PA, WV, and OH

Goldsmith is licensed to practice law in Pennsylvania, West Virginia, Ohio, and Texas, although he generally limits his practice to Pennsylvania, West Virginia, and Ohio.

He is a member of the bar of several federal trial and appellate courts in Pennsylvania, West Virginia, Ohio, Texas, Michigan, and Illinois, and practices before federal agencies including the U.S. Coast Guard, U.S. Army Corps of Engineers, Federal Maritime Commission, and U.S. Bureau of Customs and Border Protection.

Representative Reported Decisions

• Buschmeier v. G & G Investments, Inc., 2005 WL 2545296 (W.D. Pa. 2005)

Presentations

• Speaker and Moderator, "Drafting and Challenging Federal Court Complaints: Three Federal Judges and a Law School Professor Outline Pleading and Motion to Dismiss Practice Post Twombly and Iqbal," continuing legal education program presented by the Western Pennsylvania Trial Lawyers Association (April 21, 2010)
• Guest Teacher, 9th Grade Civics Initiative, Taylor Allderdice High School, Pittsburgh, PA (March 25, 2010)
• "On the Road with Rocky," ESPN Radio 1250 AM Pittsburgh (January 30, 2010, and February 13, 2010) (discussing proper insurance coverages for motorcycle riders and what to do after a motorcycle accident)
• Co-Moderator, "Plain Talk on Depositions: Four Judges Speak to State and Federal Court Deposition Practice and Strategy in Discovery and Trial in Western Pennsylvania," continuing legal education program jointly presented by The Allegheny County Bar Association's Federal Court Section, the Judges of the U.S. District Court for the Western District of Pennsylvania, and the Pennsylvania Bar Association's Federal Practice Committee (July 14, 2009)
• Co-Moderator, "Choosing the Best Venue for Your Civil Case: Strategy Considerations Between Litigating in Federal Versus State Courts in Western Pennsylvania," continuing legal education program jointly presented by The Allegheny County Bar Association's Federal Court Section, the Judges of the U.S. District Court for the Western District of Pennsylvania, and the Pennsylvania Bar Association's Federal Practice Committee (April 2, 2009)
• "Evaluating and Attacking Questionable Modalities in Treatment of Back Injury -- Is Surgery Really Necessary?," Complex Medicine Seminar, continuing legal education program presented by the Defense Research Institute, San Diego, California (November 13, 2008)
• "'Equitable' or Ambiguous Words Now, Can Sour Business and Insurer/Insured Relationships Later: Indemnity Agreements and Insurance Clauses in Maritime Contracts," Viewpoints 2007, Association of Average Adjusters of the United States, St. John's University, New York, New York (October 3, 2007)
• "Improving Your Trial Advocacy: How to Effectively Navigate the New Electronic Courtrooms," continuing legal education seminar jointly presented by the Federal Court Section of the Allegheny County Bar Association and the Judges of the U.S. District Court for the Western District of Pennsylvania (September 18, 2007)
• Speaker & Panelist, "New U.S. Third Circuit Court of Appeals Civil Pattern Jury Instructions," continuing legal education program presented by the Federal Court Section of the Allegheny County Bar Association (March 29, 2007)
• Panelist, "Demystifying the Federal Grand Jury," Federal Court Sound-Off/Workshop, 44th Annual Allegheny County Bar Association Bench-Bar Conference (June 16, 2006)
• "Why You Really Want to Avoid a Barge Breakaway," Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (September 20, 2005)
• "After the Barge Breakaway: Questions For and Answers From an Admiralty & Maritime Lawyer," Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (September 30, 2004)
• "After the Barge Breakaway: Questions For and Answers From an Admiralty & Maritime Lawyer," Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (September 18, 2003)
• "What Your Lawyer Will Tell You After a Barge Breakaway," Huntington (WV) District Waterways Association (October 16, 2002)
• "What Your Lawyer Will Tell You After a Barge Breakaway,"  Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (September 26, 2002)
• "Liability of River Pilots, Marine Surveyors, and Third Party Inspectors," 2001 River and Marine Industry Seminar, Greater New Orleans Barge Fleeting Association, New Orleans, Louisiana (December 12-14, 2001)
• "Legal Aspects of Barge Breakaways: The Terminal Operator's or Fleeter's Duty of Care," Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (October 27, 1999)
• Civil Rules Update panel member, Allegheny County Bar Association Bench-Bar Conference (June 18, 1999)
• "Admiralty & Maritime Law: A Primer on Inland Marine Practice," continuing legal education program presented by the Community College of Allegheny County (November 17, 1998)
• "Legal Aspects of Barge Breakaways: Some Words to Remember," Annual Barge Breakaway Seminar, Waterways Association of Pittsburgh (October 21, 1998)
• "Communicating with the Media After a Casualty: the Experiences of Ashland Inc. and Buffalo Marine Service," Mariner's Club of Pittsburgh (March 30, 1998)

• "Legal and Practical Aids to Navigation Before and During a News Conference," Pittsburgh Maritime Club (February 19, 1998)

• "Highlights of the Greater New Orleans Barge Fleeting Association's 1997 River & Marine Industry Seminar and other Recent Developments in Maritime Law," Waterways Association of Pittsburgh (October 8, 1997)

Publications

• "Third Circuit Court Practitioners Guide to Twombly and Iqbal," (co-author with Rhonda Wasserman), Lawyers Journal, Vol. 12, No. 13 (June 18, 2010) (published by the Allegheny County Bar Association)
• "The Discoverability of Written Witness Statements in Pennsylvania State Versus Federal Court Litigation" (co-author with E. Richard Ogrodowski), The Advocate, Vol. 22, No. 1 (Fall 2009) (published by The Western Pennsylvania Trial Lawyers Association)
• "Law Firm Billing on Trial" (co-author with E. Richard Ogrodowski), Maritime Reporter & Engineering News/MarineNews (February 2009)
•  "Preparing and Delivering an Effective Opening Statement," For the Defense (March 2001) (published by the Defense Research Institute)
• "Bringing James Carville into the Courtroom: Trial and Litigation Techniques," Trials & Tribulations (Spring 2000) (published by the Trial Tactics and Techniques Committee of The Defense Research Institute)
• "Allegheny County Gears Up for Electronic Filing," Lawyers Journal (published by the Allegheny County Bar Association) (July 16, 1999)
• "Online Research: A Review of Westlaw PRO vs. LEXIS MVP Advantage," Sole & Small Firm Practitioner (published by the Allegheny County Bar Association) (February 1999)
• "Bringing James Carville into the Courtroom: Trial and Litigation Techniques," Sole & Small Firm Practitioner (published by the Allegheny County Bar Association) (November 1998)
• "Business Development: How to be a Unique Crawfish," Sole & Small Firm Practitioner (published by the Allegheny County Bar Association) (November 1997)

Maritime Publications

• "Be Safe on the Water this Summer," Naked Law by Avvo (online column) (June 30, 2010) (http://nakedlaw.avvo.com/2010/06/be-safe-on-the-water-this-summer)
• "Don't Leave Port Without These Terms in Your Vessel Charter," MarineNews (May 2010)
• "Foreseeable Emergencies: Operators Liable for Training Crews," MarineNews (March 2010)
• "A Vessel Owner's Warranty of Seaworthiness," MarineNews (January 2010)
• "Congress Considers Two-Tug Escort Mandate," MarineNews (November 2009)
• "Class Actions," MarineNews (June 2009)
• "Maritime Contracts: Do I Have to Put it in Writing?," MarineNews (June 2008)
• "The Difference between State and Federal Court," MarineNews (April 2008)
• "Maritime Salvage: Ancient Origins, Modern Applications," MarineNews (January 2008)
• "The Other Side's Lawyer Wants to Take Your Deposition--Now What?," MarineNews (November 2007)
• "Top Ten List of Claim-Related Mistakes to Avoid," MarineNews (October 2007)
• "Act of God: A Difficult Defense to Float," MarineNews (August 2007)
• "What Your Lawyer Will Tell You After a Barge Breakaway," MarineNews (November 2, 2002)
• "River Pilot, Marine Surveyor, and Third-Party Inspector Liability," Tulane Maritime Law Journal, Volume 26, No. 2 (Spring 2002)
• "Marine Surveyor Liability," NAMS News, The Journal of the National Association of Marine Surveyors, Inc., Volume 40, No. 1 (Spring 2002)
• "Legal Talk: Alternative Dispute Resolution: Part 2 (Arbitration)," WorkBoat, Vol. 57, No. 7 (July 2000)
• "Legal Talk: Alternative Dispute Resolution: Part 1 (Mediation)," WorkBoat, Vol. 57, No. 6 (June 2000)
• "Admiralty & Maritime Law: Questions & Answers for the Allegheny County Lawyer," Lawyers Journal, Vol. 2, No. 10 (May 19, 2000)(published by the Allegheny County Bar Association)
• "Legal Talk: Maritime Products Liability," WorkBoat, Vol. 57, No. 5 (May 2000)
• "Legal Talk: When are Vessels Liable for Wake Damage?," WorkBoat, Vol. 57, No. 4 (April 2000)
• "Legal Talk: Filing a USCG Accident Report," WorkBoat, Vol. 57, No. 3 (March 2000)
• "Admiralty & Maritime Law in West Virginia: A Field Guide to Spotting the Issues," The Advocate (published by the West Virginia Trial Lawyers Association) (Winter 2000)
• "Legal Talk: How to be a Good Witness," WorkBoat, Vol. 57, No. 2 (February 2000)
• "Legal Talk: Vessel Injury Claims: The Basics," WorkBoat, Vol. 57, No. 1 (January 2000)
• "Admiralty & Maritime Law in Western Pennsylvania: A Field Guide to Spotting the Issues," The Advocate (published by the Western Pennsylvania Trial Lawyers Association), Vol. 12, Nos. 2 & 3 (November/December 1999 & January/February 2000)
• "USCG Reopens S&R Actions Comment Period," WorkBoat, Vol. 56, No. 12 (December 1999)
• "Legal Talk: Barge Breakaway Liability," WorkBoat, Vol. 56, No. 12 (December 1999)
• "Report All Oil Spills, Attorneys Warn," WorkBoat, Vol. 56, No. 11 (November 1999)
• "Legal Talk: Good Samaritans are Vulnerable to Lawsuits," WorkBoat, Vol. 56, No. 11 (November 1999)
• "Legal Talk: Maritime Salvage: Large Rewards for Large Risks," WorkBoat, Vol. 56, No. 10 (October 1999)
• "Legal Talk: When Does OSHA Have Jurisdiction?," WorkBoat, Vol. 56, No. 9 (September 1999)
• "Legal Talk: Floating Casinos: What Duty of Care is Owed to Employees?," WorkBoat, Vol. 56, No. 8 (August 1999)
• "Legal Talk: Rules of the Road," WorkBoat, Vol. 56, No. 7 (July 1999)
• "Inland Insider: Big Changes in License Suspension Procedures Loom," WorkBoat, Vol. 56, No. 6 (June 1999)
• "Admiralty and Maritime Law: More Rules of the Road for Practice in the Largest Inland Port in the Country," Sole & Small Firm Practitioner (published by the Allegheny County Bar Association) (May 1998)
• "Admiralty and Maritime Law: Some Rules of the Road for Practice in the Largest Inland Port in the Country," Sole & Small Firm Practitioner (published by the Allegheny County Bar Association) (February 1998)
• "The Limitation of Vessel Owners' Liability Act: Third Circuit Holds This Anachronism Still Floats (and Can Sink a Plaintiff's Case)," Pennsylvania Law Weekly, Vol. XX, No. 45 (November 10, 1997)
• "U.S. Supreme Court Narrows the Channel to Jones Act Seaman Status," Pittsburgh Legal Journal, Vol. 123, No. 130 (July 11, 1997)
• "Developments in Maritime Law: Intravenous Drug Use and Other Exceptions to a Seaman's Right to Medical Care From His Employer," Gulf Shipper (September 1996)
• "Developments in Maritime Law: The Shipowners' Limitation of Liability Act," Gulf Shipper (April 1996)
• "Developments in Maritime Law: Texas Court Narrows Seaman Status Definition," Gulf Shipper (January 1996)
• "Developments in Maritime Law: U.S. Supreme Court Upholds Foreign Arbitration Clauses in Bills of Lading," Gulf Shipper (October 1995)
• "Developments in Maritime Law: Punitive Damages No Longer Available in U.S. Fifth Circuit for Employer's Failure to Pay Maintenance and Cure to an Injured Seaman," Gulf Shipper (September 1995)
• "Developments in Maritime Law: Floating Dockside Casinos: Are Bartenders and Cocktail Waitresses Jones Act Seamen?," Gulf Shipper (August 1995)
• "Developments in Maritime Law: Carriage of Goods by Sea Act: Vessel Owner May be Liable for Cargo Damage," Gulf Shipper (July 1995)

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