On June 23, 2011, the United States Supreme Court held that FELA juries must continue to be instructed that the railroad is liable if its negligence played any part, even the slightest, in contributing to the injured employee's damages. The Court's decision is...
Missoula Legal Blog
Montana Supreme Court Orders Tobacco Diligent Enforcement Litigation Forward
We filed this case on behalf of the State of Montana in the Spring of 2006.The tobacco companies responded by moving to compel the case into a large, expensive arbitration involving more than 40 other states. Initially, the District Court in Helena agreed.But by...
Press Spotlights BNSF’s Litigation Misconduct
The Minneapolis Star-Tribune recently published a series of articles about court orders in various states, including Montana, where courts have found that BNSF hid or misrepresented relevant information. The articles can be found at the following links: Collision in...
Tobacco, State Clash
Photo by Eliza Wiley of the Helena Independent Record. From left: Chicago-based Philip Morris attorney Steve Patton returning to his seat after his argument, Missoula-based attorney for the "Subsequent Participating Manufacturers" Sean Morris, David Paoli of our firm,...
U.S. Supreme Court Permits Montana to Pursue Tobacco Case in Court System Rather Than Arbitration
On June 1, 2010, the United States Supreme Court declined the tobacco companies' request to review the Montana Supreme Court's decision in State ex rel. Bullock v. Philip Morris, Inc.Our firm represents the State of Montana in this case. The tobacco companies claim...
Ninth Circuit Holds BNSF May Have FELA Liability For Western Fruit Express Car Shop in Spokane.
On May 18, 2010, the United States Court of Appeals for the Ninth Circuit ruled that our client John Schmidt can present his claims to a jury in John Schmidt v. BNSF Railway Co. and Western Fruit Express, Inc. For many years Mr. Schmidt worked in a freight car shop in...
Montana Seeks “Diligent Enforcement” Declaratory Ruling
On behalf of the State of Montana, our firm has asked the District Court in Helena for a declaratory ruling that Montana "diligently enforced" the provisions of certain statutes it passed following the historic 1998 "Master Settlement Agreement" ("MSA").Under the MSA,...
