Montana High Court:  BNSF Must Face Asbestos-Tainted Vermiculite Transport Claims

Mealey's (March 13, 2020, 2:28 PM EDT) -- HELENA, Mont. — Plaintiffs’ claims against a railway that hauled asbestos-tainted vermiculite from Libby, Mont., are not preempted, and the company can be strictly liable for abnormally dangerous activity performed outside its statutory public duty and may not refute causation by assigning blame to W.R. Grace & Co., the Montana Supreme Court held March 11 (BNSF Railway Co. v. The Asbestos Claims Court of the State of Montana, et al., Nos. OP 19-0085, Mont. Sup.)....

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