Wooden judge gavel, close-up view.

Court Denies Railway Company’s Renewed Motion for Spoliation; Agrees to Bifurcate Trial

Court: United States District Court for the District of Montana, Great Falls Division

In connection to defendant Burlington Northern Santa Fe Railway Company’s ongoing litigation in Libby, Montana (covered extensively by the Asbestos Case Tracker, including most recently HERE), the estate of decedent Mary Diana Moe brought an action against BNSF for wrongful death allegedly resulting from decedent’s exposure to asbestos resulting from BNSF’s activities in Libby.

BNSF previously moved for spoliation sanctions stemming from plaintiff’s failure to preserve decedent’s remains after her death. …

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