BNSF Not Shielded from Liability in Libby Asbestos Cases

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ThirdRail7
Posts: 4204
Joined: Sat Oct 01, 2011 7:07 pm

BNSF Not Shielded from Liability in Libby Asbestos Cases

Post by ThirdRail7 »

I wonder how much this will cause BNSF in the long run.

https://flatheadbeacon.com/2020/03/13/m ... tos-cases/

Facing hundreds of asbestos-related damage claims stemming from the operations of a now-shuttered vermiculite mine and its alleged role in shipping contaminated materials across the country, BNSF appealed a January 2019 ruling by Montana Asbestos Claims Court Judge Amy Eddy, of Kalispell, who concluded the plaintiffs’ claims against BNSF are not preempted by federal law, as BNSF argued, and that the company is not exempt from liability.

BNSF appealed Eddy’s decision and asked the state Supreme Court to overturn it, with both parties delivering oral arguments last October.

According to Justice Jim Rice, who delivered the March 11 opinion, “BNSF is subject to strict liability because its actions in handling the asbestos constitute an abnormally dangerous activity.”
I want my road foreman!

mmi16
Posts: 1049
Joined: Fri Apr 15, 2005 5:18 pm
Location: USA

Re: BNSF Not Shielded from Liability in Libby Asbestos Cases

Post by mmi16 »

It's not over until it is over. The Fat Lady is not yet warming up at the US Supreme Court.
Never too old to have a happy childhood!

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