ASBESTOS: BNSF is entitled to the common carrier exception to strict liability for transportation of vermiculite, $8 million verdict for 2 mesothelioma deaths due to handling of vermiculite at its Libby railyard reversed… Morris reversed. [Read more…]
Fraudulent ARD claims, $5,826,023 qui tam
FRAUDULENT ARD CLAIMS: $5,826,023 to US for false claims by CARD with Qui Tam Relator BNSF awarded 25% plus $1,423,936.58 fees/costs affirmed… Christensen affirmed (memorandum). [Read more…]
$8 million verdict, 2 mesothelioma deaths, Libby railyard
VERDICT: $8 million, 2 mesothelioma deaths due to BNSF’s handling of vermiculite containing asbestos at its Libby railyard… defense verdict as to negligence and punitives. [Read more…]
Class action, Libby asbestos, “local controversy”
CLASS ACTION: Libby asbestos class action properly remanded to State Court based on “local controversy” exception to Class Action Fairness Act jurisdiction… Morris affirmed (memorandum). [Read more…]
Libby asbestos claims against BN, supervisory control
LIBBY ASBESTOS claims against BN not preempted by FRSA or HMTA… BN subject to strict liability because handling of asbestos constitutes abnormally dangerous activity, but protected from liability under Restatement of Torts §521 for actions taken pursuant to statutory public duty, for those actions is subject only to ordinary negligence… BN may not refute causation by offering Grace’s conduct as a substantial factor or superseding intervening cause of injuries… Eddy affirmed, reversed on supervisory control. [Read more…]
Railroad in limine rulings
RAILROAD IN LIMINE RULINGS… Eddy. [Read more…]
Railroad strict liability
RAILROAD LIABILITY: BNSF strictly liable for abnormally dangerous activity vis-à-vis hauling amphibole asbestos in Libby… evidence of Grace’s conduct admissible for background and context but not to negate liability… Eddy. [Read more…]
Request for additional depositions
BNSF’s request for leave to take additional depositions denied. . . Eddy. [Read more…]
FELA, ARD defense verdict
FELA: ARD defense verdict affirmed over evidentiary, trial misconduct, discovery misconduct claims. . . Ulbricht affirmed. [Read more…]
Statute of limitations, ARD, bankruptcy tolling
STATUTE OF LIMITATIONS on ARD claim against BN tolled by bankruptcy order enjoining claims against Grace and “Affiliated Entities”… Pinski reversed. [Read more…]