US EditionCourt Throws Out Judgment Blaming Montana Asbestos Deaths on BNSF Railroad
The 9th Circuit ruled BNSF is shielded by federal common carrier law, overturning an $8 million verdict in a case involving asbestos contamination linked to Libby's rail yard.
- On Tuesday, the 9th U.S. Circuit Court of Appeals reversed a 2024 Montana verdict in Wells & Walder v. BNSF Railway, overturning $4 million awards to each estate of Joyce Walder and Thomas Wells.
- Vermiculite mined near Libby contained high concentrations of asbestos, and W.R. Grace operated the mine until its 1990 closure, leaving decades of contamination.
- Judge Morgan B. Christen wrote that federal common-carrier law applies, noting it covers `delivery,` `storage,` and `handling,` and reversed with instructions to enter judgment for BNSF.
- Legal experts say the decision could affect hundreds of pending cases as plaintiffs' attorneys disagree with the ruling and consider appeals, while attorneys may file new motions in the coming weeks.
- Public-Health studies estimate hundreds died and thousands were sickened in Libby, where residents described vermiculite piles in the Libby railyard and dust spreading through downtown Libby, prompting the Environmental Protection Agency to designate much of Libby a Superfund site.
37 Articles
37 Articles
Associated Press News
Appeals court overturns finding that BNSF Railway contributed to 2 asbestos deaths in a Montana town
A federal appeals court has overturned a judge’s finding that BNSF Railway contributed to the deaths of two people in a Montana mining town where thousands have been sickened by asbestos exposure.
Ninth Circuit Court of Appeals rules in favor of BNSF in Libby asbestos case
MISSOULA The Ninth Circuit Court of Appeals reversed a district court's decision this week in Wells & Walder v. BNSF, a Libby asbestos case.In an opinion filed on Tuesday, the Ninth Circuit ruled against two families who were awarded $4 million each in 2024 in Montana federal court.The case went before the court last October and involved the estates of Tom Wells and Joyce Walder. Both died in 2020 of mesothelioma, a fatal lung disease, after bei…
Krem2 News
Court throws out judgment blaming Montana asbestos deaths on BNSF railroad
A federal appeals court has overturned a finding that BNSF contributed to the deaths of two people in Libby, where thousands have been sickened by asbestos exposure.
Montana Free Press
Federal appeals court sides with BNSF Railway in dispute with Libby asbestos victims
A federal appeals court on Tuesday sided with railroad giant BNSF Railway in a case filed by the estates of two Libby asbestos victims who died from cancer after living near the company’s contaminated rail yard decades ago. In the unanimous finding, an Oregon-based panel of three judges from the 9th U.S. Circuit Court of Appeals reversed a 2024 Montana federal court ruling that asbestos contamination at BNSF’s rail yard had contributed to the 20…
Ninth Circuit rules in favor of BNSF in Libby asbestos case
The Ninth Circuit Court of Appeals reversed a district court's decision this week in Wells & Walder v. BNSF, a Libby asbestos case.In an opinion filed on Tuesday, the Ninth Circuit ruled against two families who were awarded $4 million each in 2024 in Montana federal court.The case went before the court last October and involved the estates of Tom Wells and Joyce Walder. Both died in 2020 of mesothelioma, a fatal lung disease, after being expose…
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