Court Affirms Denial of Venue Motion, Refuses to Comment on 'Sham Defendant'

HELENA, Mont. -- Montana's high court has affirmed a lower court's decision to deny a motion to change venue, ruling that it would not address whether the defendant on which venue is based is a sham defendant. Allen, et al. v. Atlantic Richfield Co., et al., No. 04-871 (Mont. Sup. Ct.).

On Nov. 8, the Montana Supreme Court also rejected the defendant's argument that plaintiff's claims against the defendant on which venue is based are precluded because the company has since dissolved.

Plaintiff Robert W. Allen, along with 46 other plaintiffs, asserted several claims for various asbestos injuries, against 53 …