The Ninth Circuit Holds that BNSF Cannot Be Held Strictly Liable for Asbestos-Contaminated Vermiculite Accumulated on Its Tracks and Railyard

On February 24, 2026, the Ninth Circuit reversed a judgment from the U.S. District Court for the District of Montana awarding damages to plaintiffs in a Libby, Montana asbestos case, holding that BNSF Railway cannot be held strictly liable for asbestos-contaminated vermiculite that accumulated on its tracks and railyard….
By: Husch Blackwell LLP