Mesothelioma victims who’ve filed claims tied to long-ago exposure to asbestos in Libby, Montana, are facing a new challenge as a federal court is being asked to decide whether BNSF Railway ever had the right to move a wrongful death case out of state court in the first place.
Mesothelioma Lawsuit Kept Separate from Broader Libby Litigation
The case involves a mesothelioma victim, Tracie Barnes, who is suing BNSF railroad over asbestos exposure connected to BNSF’s Libby railyard. Records show that asbestos-contaminated vermiculite ore from the nearby mine was loaded onto the company’s rail cars for decades. This particular case has been separated from another consolidated group of claims, and its separation is calling into question whether BNSF followed the rules by removing it to federal court.
The mesothelioma crisis surrounding Libby’s vermiculite mine goes back decades. The mine operated in the mountains outside of the town until 1990, and it has been well established that careless operations led to asbestos contaminating the community for generations. BNSF’s downtown railyard, where the ore was shipped out, became its own source of exposure, with contaminated dust blowing through the surrounding neighborhoods. Hundreds of deaths and thousands of illnesses have been blamed on this, and mesothelioma cases are still being heard in courts today.
Mesothelioma Case Facing Important Deadline
The Barnes mesothelioma case, and many of the others, is currently seeing fights over where the court cases should be heard. BNSF argued it could move Barnes’s case to federal court based on a recent ruling in another case, claiming that decision established justification for federal jurisdiction that hadn’t existed before. But the court pushed back, noting that removal to federal court must generally happen within thirty days of it being clear that federal jurisdiction applies. The judges pointed out that BNSF had made similar arguments about its “common carrier” status in Montana state court proceedings years earlier, suggesting the railroad may have known its position on the issue long ago.
In reviewing arguments from both the mesothelioma victim and BNSF, Chief District Judge Brian Morris granted Tracie Barnes’ motion to return the case to state court, finding no valid basis for federal jurisdiction under either theory the railway company had offered. The court concluded that BNSF’s arguments relied on defenses rather than issues raised by the complaint itself, and that the disputed federal issue was neither substantial enough, nor central enough, to justify keeping the case in federal court. The judge also said that BNSF had failed to show it was “acting under” a federal officer, closing off that avenue as well.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
