Montana Remands Asbestos Case, Says State is Valid Defendant and Diversity in the Suit Does Not Exist

GREAT FALLS, Mont. –– A Montana federal court has adopted a recommendation that an asbestos suit be remanded to state court, finding that the State of Montana was a valid defendant in the action and, therefore, complete diversity did not exist.

In the Jan. 30 order, the U.S. District Court for the District of Montana opined that removing defendant Burlington Northern Santa Fe Railway Company (BNSF) has “failed to show that the State is not a party to this action” and that “diversity in this case does not exist.”

Plaintiff Timothy McDowell asserted the claims on behalf of his late …