Montana Court Rejects BNSF’s Post-Trial Motions, Allows $8 Million Verdict to Stand

GREAT FALLS, Mont. –– A Montana federal court has denied a motion for judgment notwithstanding the verdict, allowing an $8 million asbestos verdict against BNSF Railway to stand.

In the July 11 order, the U.S. District Court for the District of Montana rejected, in part, the defendant’s arguments that the claims were preempted on a number of grounds.

The plaintiffs asserted the claims on behalf of Thomas E. Wells and Joyce H. Walder, who were allegedly injured when BNSF Railway shipped asbestos-containing mining material through Libby, Mont. During trial, the plaintiffs presented evidence that the vermiculite in question was stored …