Category Archives: Montana

Plaintiff’s FELA Claim Against Railroad Survives Limitations Challenge Supreme Court of Montana, November 14, 2017

MONTANA — The plaintiff worked for Burlington Northern and Santa Fe Railway Corporation (BNSF) and claimed exposure to amphibole containing vermiculite in that capacity as BNSF transported vermiculite for W.R. Grace. The plaintiff filed suit against BNSF for his asbestos related disease under FELA. The trial court granted summary judgment for the defendant and the plaintiff appealed. Prior to the suit, W.R. Grace filed for bankruptcy protection in 2001. A temporary restraining order (TRO) was immediately issued prohibiting any suits against third parties arising from…

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State of Montana Properly Joined to Defeat Diversity Jurisdiction U.S. District Court for the District of Montana, January 30, 2017

The plaintiff is the surviving spouse of Susan McDowell, who died from mesothelioma. The plaintiff alleged exposure to asbestos-contaminated vermiculite discarded from railcars while being transported from the Libby, Montana mine by Burlington Northern Santa Fe. The state of Montana (State) began inspecting the mine in the 1950s and found hazardous levels of asbestos within the vermiculite. The State did not correct the hazard or warn Libby residents. The plaintiff sued numerous entities, including BNSF and the State of Montana. The defendants removed this case…

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