PREVIEW; BNSF Railway Company v. The Asbestos Claims Court of the State of Montana, Honorable Amy Eddy, Presiding Judge: Does Allowing Defendants to Assign Liability to Non-Parties Violate Due Process?

Authors

Mariah Johnson, J.D. Candidate 2021, Alexander Blewett III School of Law at the University of Montana

Abstract

This case presents the issue of a Montana statutory defense’s constitutionality. It concerns whether BNSF can allege a non-party, W.R. Grace & Company’s, conduct absolves it of liability for the Plaintiffs’ injuries. Known previously as the “empty chair defense,” it is referred to here as a non-party defense, or the “settled party defense” based on the language added to the 2017 version of the statute. The Montana Supreme Court’s decision on BNSF’s ability to assert Grace’s conduct absolves it of liability will have important implications for the ability of injured plaintiffs to recover damages against named defendants. BNSF maintains the Asbestos Claims Court employed a flawed strict liability analysis in determining that the defense under MCA § 27–1–703(6) did not apply.

Recommended Citation

Mariah Johnson, Oral Argument Preview, BNSF Railway Company v. The Asbestos Claims Court of the State of Montana, Honorable Amy Eddy, Presiding Judge: Does Allowing Defendants to Assign Liability to Non-Parties Violate Due Process?, 80 Mont. L. Rev. Online 39 (2019).