This Includes

    Car Accidents

    Slip and Fall

    Workplace Accidents

    Medical Malpractice + Birth Injuries

    Pedestrian Accidents

    Premises Liability

    Nursing Home Abuse

    Wrongful Death

This Includes

    Permanent disability

    Loss of sight or hearing

    Repetitive strain

    Fractures

    Burns

    Electrocution

    Harmful substance exposure

    Lacerations

    Death benefits

This Includes

    Asbestosis

    Laryngeal Cancer

    Lung Cancer

    Mesothelioma

    Ovarian Cancer

    Autoimmune Diseases

    COPD

    Pleural Effusions

This Includes

    Insurance coverage denials

    Claim denials based on false standards and procedures

    Wrongful leveraging of insured’s vulnerability

This Includes

    Defective or Dangerous Products

    Securities Fraud

    Antitrust Violations

    Wage or Benefit Violations

    Employer Discrimination

    Environmental Contamination

    Toxic Tort

    Data Breaches and Privacy Violations

    Civil Rights Violations

This Includes

    Design defects

    Manufacturing defects

    Failure to warn

    Hidden defects

    Choking hazards

    Strangulation risks

This Includes

    Property Contamination

    Pollution

    Hazards and Toxic Exposure

    Protection of Natural Resources

    Zoning and Subdivision Disputes

    Renewable Energy Permitting

    Resource Exploitation

    Environmental Preservation

BNSF

September 17, 2020

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.

March 16, 2020 Update

The Montana Supreme Court recently entered a unanimous opinion in our cases against BNSF. The Montana Supreme Court affirmed the Asbestos Court by holding that “BNSF’s handling of asbestos under the facts presented here constitutes an abnormally dangerous activity for which BNSF is strictly liable.” The Montana Supreme Court also affirmed the Asbestos Court’s finding that the federal preemption does not bar claims against BNSF that BNSF cannot apportion fault or negate causation by pointing to W.R. Grace’s conduct. On the issue of whether BNSF was entitled to the common carrier exception to strict liability, the Montana Supreme Court sent the issue back to the Asbestos Court to determine which BNSF activities were “transportation of vermiculite” (for which BNSF may be negligent) and which BNSF “other activities” occurred (for which BNSF is strictly liable). The full opinion can be found here: