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…]