Mont. Supreme Court Weighs in on Libby Exposure Suit, Rejects Preemption Defenses

HELENA, Mont. –– The Montana Supreme Court has upheld an order denying efforts to dismiss Libby, Mont., asbestos-related claims against BNSF Railway Co. on preemption grounds, but reversed a portion of the order that found the company was not protected from strict liability claims under the Restatement (Second) of Torts.

In the March 11 opinion, the state high court opined that BNSF was “protected from strict liability under Restatements (Second) of Torts, § 521, for its actions determined to be taken pursuant to its statutory public duty, and for those actions it is subject only to claims for ordinary negligence.”