• BNSF Not Shielded from Liability in Libby Asbestos Cases

  • Discussion related to BNSF operations. Official site: BNSF.COM
Discussion related to BNSF operations. Official site: BNSF.COM

Moderator: Komachi

  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.”
  by mmi16
It's not over until it is over. The Fat Lady is not yet warming up at the US Supreme Court.