BNSF RY. CO. v. EDDY

No. OP 19-0085.

459 P.3d 857 (2020)

2020 MT 59

BNSF RAILWAY COMPANY, Petitioner, v. The Asbestos Claims Court of the State of Montana, Honorable Amy EDDY, Presiding Judge, Respondent.

Supreme Court of Montana.

Decided: March 11, 2020.


Attorney(s) appearing for the Case

For Petitioner: Dale Schowengerdt (argued), Crowley Fleck PLLP, Helena Montana, Steven R. Milch , Crowley Fleck PLLP, Billings, Montana, Jim Roberts , Chad Knight , Anthony Nicastro , Nadia Patrick , Knight Nicastro, LLC, Kansas City, Missouri.

For Plaintiffs: Roger Sullivan (argued) Ethan Welder , Jennifer Jeresek Mariman , McGarvey, Heberling, Sullivan & Lacy, P.C., Kalispell, Montana.

For Amicus Montana Trial Lawyers Association: Michael D. Cok (argued), Cok Kinzler, PLLP, Bozeman, Montana.


¶1 This matter comes before the Court after we assumed supervisory control over proceedings pending before the Montana Asbestos Claims Court (Asbestos Court) in In re Asbestos Litigation, Consolidated Case No. AC-17-0694, as applicable to Barnes, et. al. v. State of Montana, et...

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