Judge: Railway Can’t Get Asbestos Claims Preempted, Dismissed

Mealey's (July 31, 2018, 1:33 PM EDT) -- BILLINGS, Mont. — State law negligence and strict liability claims arising from asbestos exposures allegedly caused when a railroad transported asbestos-tainted vermiculite are not preempted, and whether the carrier knew of the dangers at the time is a premature question at the motion to dismiss stage, a federal judge said July 27 in adopting a magistrate judge’s report (Lloyd E. Underwood v. BNSF Railway Co., et al., No. 17-83, D. Mont.)....