Libby, Montana resident Karen Morey was diagnosed with malignant pleural mesothelioma in November of 2022. Knowing the history of her town and the constant exposure to asbestos that residents like herself suffered as a result of its proximity to the W.R. Grace & Co. vermiculite mine, she filed a lawsuit against BNSF Railway, seeking compensation for both negligence and common law strict liability. Though the rail company argued that the case should be removed to federal court, the judge hearing the case denied their petition, allowing the case to remain in the Montana Asbestos Claims Court where it was filed.
Libby Resident with Malignant Mesothelioma Faced Constant Exposure to Asbestos
The mesothelioma lawsuit was only recently filed in the state court and was originally part of a filing with another plaintiff. That case was dismissed, but not before named defendant RTX Corporation filed a motion to have the case removed to federal court on the basis of federal officer removal jurisdiction.
When the other mesothelioma victim’s case was dismissed, RTX and other defendants were no longer party to the action, leaving only Burlington Northern Santa Fe Railway Company. The company has been named in numerous other suits that have asserted that it was negligent in the way that it transported asbestos-contaminated vermiculite from the W.R. Grace & Co. mine and exposed Libby residents to the carcinogenic material.
Judge Denies Federal Removal of Montana Mesothelioma Claim
In his decision against removing the mesothelioma claim to federal court, Chief District Judge Brian Morris noted that federal courts are only authorized to judge cases where the party involved was acting under orders of a federal officer, which BNSF is arguing that they were doing in transporting the asbestos. But the judge also points out that the case was filed in a court that was specifically created to address asbestos exposure claims, and that having it heard in that court furthers the principles of comity and federalism because it recognizes the state’s interest and subject matter expertise.
Though the judge left open the possibility that the mesothelioma case might be sent to federal court at a later date, for now, he remanded it back to the Montana asbestos claims court where it was originally filed.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
