Mont. Federal Court Refuses to Strike Expert Reports in Asbestos Action Against BNSF
November 27, 2023
GREAT FALLS, Mont. — A Montana federal court has refused to strike the expert reports of defense expert Dr. John Kind in an asbestos exposure action filed against BNSF Railroad Co., ruling that their untimely disclosure will not prejudice plaintiffs.
In a Nov. 8 order, the U.S. District Court for the District of Montana explained that plaintiffs will have enough time to review the reports and may depose Kind with questions limited to the reports. The court also allowed plaintiffs to re-depose BNSF’s experts concerning the reports.
Vermiculite ore containing high concentrations of amphibole asbestos was intensively mined, processed, and …