Overview
- A Ninth U.S. Circuit Court of Appeals panel reversed a 2024 Helena jury verdict against BNSF, ruling the railroad is not strictly liable under Montana law for transporting vermiculite from Libby.
- Judge Morgan Christen wrote the majority opinion, with Judge Consuelo Callahan concurring separately to state that the Interstate Commerce Commission Termination Act preempts the plaintiffs’ strict‑liability claims.
- The 2024 jury had awarded $4 million each to the estates of Tom Wells and Joyce Walder, who died in 2020 after developing mesothelioma linked to asbestos exposure.
- Plaintiffs argued asbestos‑contaminated vermiculite accumulated at BNSF’s Libby railyard, while BNSF maintained it was required to accept the shipments and had been told the product was safe, a defense credited by the court.
- The panel declined to certify questions to the Montana Supreme Court, and plaintiffs’ counsel said they disagree with the decision and are evaluating options for further appeal.