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Asbestos Clams Court

In November 2017, the Montana Supreme Court created the Montana Asbestos Claims Court and appointed a district court judge in Kalispell to oversee all pre-trial proceedings for civil claims related to asbestos exposure from Lincoln County.  This included the claims of over 1,855 clients who currently have civil claims filed in Montana (i.e. claims against the State, Railroad, the Lumber Mill, and Maryland Casualty.)  The purpose of the Court is to facilitate resolution of all asbestos claims in Montana. 


On October 30, McGarvey Law argued before the Montana Supreme Court about issues pertaining to claims against the Railroad.  


Earlier this year, the Asbestos Claims Court held that the Railroad was strictly liable for the damage it caused during its operations hauling vermiculite. See Order re: BNSF's Strict Liability.


BNSF appealed the decision, and our lead trial was put on hold until the Supreme Court could determine necessary legal issues. Yesterday, our firm argued that the asbestos claims Court’s ruling were correct and BNSF should not be immune from liability for their actions.

Below is a News Story on the Argument and the Full Argument before the Supreme Court.


Asbestos Claims Court Orders

Asbestos Claims Court Orders

Below are a select few of the Orders from the Asbestos Claims Court

Below are a select few of the Orders from the Asbestos Claims Court