STORY FROM: Asbestos
Mont. Court Remands Asbestos Exposure Suits, Says Plaintiffs Have Valid Claims Against BNSF Agent
February 2, 2018
GREAT FALLS, Mont. –– A Montana federal court has adopted the recommendation to remand several asbestos cases, concluding that the underlying lawsuits had sufficiently asserted allegations that the BNSF employee could be held liable for ignoring warnings or participating in the alleged tortious conduct.
In a Feb. 1 opinion, the U.S. District Court for the District of Montana opined that the Montana resident the defendant argued was added to the complaint in order to defeat diversity jurisdiction was a proper defendant given that “safety played a role” in the agent’s job.
Plaintiff Gerrie A. Flores originally filed one of the ...