Montana Railroad Law
Michael A. Frost v. BNSF Railway Company
<center><br> <img width="300" src="http://www.mtd.uscourts.gov/sites/mtd/files/slides/Missouri.jpg"><br> </center><br> <br> Michael Frost sued the BNSF Railway Company, alleging<br> that it violated the Federal Railroad Safety Act (FRSA) when<br> it disciplined and ultimately terminated him after he<br> committed a pair of safety rule violations and filed an injury<br> report. At trial, the distri... More...
$0 (01-31-2019 - MT)EDDIE M. DeLEON, JASON KINGERY and STEVE PAUL BECK v. BNSF RAILWAY COMPANY <table> <td>
Plaintiffs each filed Federal Employers’ Liability Act (FELA) negligence claims<br> against BNSF in Montana’s Thirteenth Judicial District Court, Yellowstone County. <br> BNSF is a rail carrier incorporated in Delaware with its principal place of business in <br> Texas. BNSF does business in Montana: it has 2,061 miles of railroad track in Montana; <br> employs approximately 2,100 workers ... More...
$0 (09-18-2018 - MT)<b>STATE OF MONTANA v. GEORGIE E. RUSSELL</b></ce nter>
In November 2014, Rocky Boy Tribal Officer Larry Bernard responded to multiple calls of a car driving “all over the road” on the Reservation. Officer Bernard spotted the car in question driving in the wrong lane. He activated his patrol car’s lights to conduct a traffic stop, and the driver pulled the car to the side of the road. ¶4 Officer Bernard approached the stopped vehicle and ... More...
$0 (10-31-2016 - MT)Kelli Tyrrell v. BNSF Railway Company
The plaintiffs in these consolidated appeals, Robert Nelson and Kelli Tyrrell <br> (Tyrrell), as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations <br> of the Federal Employers’ Liability Act (FELA), 45 U.S.C. §§ 51 through 60, for injuries <br> allegedly sustained while Nelson and Brent were employed by BNSF Railway Company <br> in states other than Montana. Both... More...
$0 (06-07-2016 - MT)Public Land/Water Access Association, Inc. v. Roger Jones
1 In 2000, Roger Jones purchased approximately 4,900 acres of property in Teton County, Montana, known as Boadle Ranch. Since acquiring the property, Jones has prohibited public use of the two main roads transecting Boadle Ranch. Public Lands/Water Access Association (PLWA), a Montana non-profit membership organization dedicated to promoting access to public-owned lands, has consistently sought to... More...
$410000 (10-19-2015 - MT)Public Land Assn. v. Jones
Boadle Ranch is an approximately 4,900 acre parcel in Teton County, Montana. <br> Two roads transect Boadle Ranch—Boadle Road and Canal Road. Boadle Road enters <br> Boadle Ranch at the east boundary of the property and travels west where historically it <br> crossed the Sun River Slope Canal (Slope Canal) via Boadle Bridge and intersected with <br> Canal Road. Canal Road runs northwest to Pi... More...
$405000 (10-15-2015 - MT)United States of America v. Guy George Parenteau
BILLINGS, MT – A Minnesota man was sentenced to 7 years in prison after stealing firearms from The Fort store in Big Timer. Guy, George Parenteau, 57, a convicted felon from the State of Minnesota, received 84 months in prison followed by 3 years supervised release in connection to his September 2014 guilty plea to being a felon in possession of firearms.<br> <br> Assistant U.S. Attorney P... More...
$0 (02-25-2015 - MT)United States of America v. William Wise
MISSOULA, MT - A Bozeman man was sentenced Thursday for embezzling over $300,000 entrusted to him by the Social Security Administration, the Veterans Administration, the U.S. Railroad Retirement Board, and private funds for 36 individuals needing help with their money by reason of age or disability. William Wise, 50, was sentenced to 30 months in prison and 3 years supervised release. In addition,... More...
$0 (08-22-2014 - MT)Scott R. Wolfe v. BNSF Railway Company
Plaintiff-Appellant Scott Wolfe ("Wolfeâ€) appeals the district court's order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company ("BNSFâ€) on Wolfe's claims under Montana Code Annotated ("MCAâ€) § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.<br> <br> FACTUAL AND P... More...
$0 (04-23-2014 - MT)Robert "Bob" Sayers v. Chouteau County
¶1 Robert "Bob†Sayers (Sayers) appeals an order of the Twelfth Judicial District Court, Chouteau County, that granted summary judgment to Chouteau County (County) on Sayers's claim seeking declaratory relief regarding whether the entire length of Lippard Road constituted a public roadway. We affirm.<br><br>¶2 We address the following issues on appeal:<br><br>¶3 Whether the District Court... More...
$0 (02-27-2013 - MT)Robert Dannels v. BNSF Railway Co.
Robert Dannels sued BNSF on a negligence FELA theory claiming that he suffered a debilitating neck injury while working for the Defendant as a direct result of working conditions at his place of employment. <br> <br> Robert Dannels claimed he suffered a spinal injury was a result of being assigned work that caused trauma over the course of his career, which ended when the skid steer he was driving... More...
$1700000 (02-16-2013 - MT)Oliver W. Arlington v. Miller's Trucking, Inc.
¶1 Oliver Arlington (Arlington) appeals from the Memorandum and Order on Petition for Leave to Present Additional Evidence and Petition for Judicial Review (Order), entered by the Third Judicial District Court of Granite County, Montana. The Order denied Arlington's petition to present additional evidence and affirmed the dismissal by the Montana Department of Labor and Industry (Department) of A... More...
$0 (04-24-2012 - MT)Nathan Mark Blaylock v. Amtrack Railroad
Nathan Mark Blaylock sued Amtrack Railroad on a railroad negligence theory.... More...
$0 (01-21-2012 - MT)Timothy R. King v. American Family Mutual Insurance Company
An out-of-state insurance company is contemplating doing business in Montana. Preliminary to any authorization to sell policies or the transaction of any business, state law requires the company to appoint the Commissioner of Insurance for service of process, which it did. Although the company began the licensure application process, the company cannot yet sell policies in Montana and has not comp... More...
$0 (01-31-2011 - MT)John Schmidt v. Burlington Northern and Santa Fe Railway Company
John Schmidt appeals the district court's grant of summary judgment in favor of Defendant Burlington Northern and Santa Fe Railway Company (BNSF) on his negligent injury claim under the Federal Employers Liability Act (FELA), 45 U.S.C. §§ 51 et seq. The district court found Schmidt did not present adequate evidence to show he was employed by BNSF. We disagree, and conclude Schmidt's evidence... More...
$0 (05-18-2010 - MT)Robert Edwards v. Cascade County Sheriff's Department
¶1 Appellants Robert Edwards (Edwards), Daniel Kohm (Kohm), and David Zrowka (Zrowka) are current and former sheriff's deputies who sued their employer on constitutional and tort theories related to political retaliation and statutory wage claims. Appellants John Doe (Doe), Ray St. Onge (St. Onge), and Loius Goaziou (Goaziou), all held the rank of lieutenant in Cascade County and brought similar ... More...
$0 (12-31-2009 - MT)Jay Cook v. SOO Line Railroad Company d/b/a Canadian Pacific Railway
¶1 Jay Cook ("Cookâ€) appeals from an order entered in the First Judicial District Court, Lewis and Clark County, Montana, dismissing Cook's Federal Employers Liability Act ("FELAâ€) claim in favor of Soo Line Railroad Company, d/b/a Canadian Pacific Railway ("Soo Lineâ€), on the basis that an Illinois court's dismissal for interstate forum non conveniens was a final judgment entit... More...
$0 (12-16-2008 - MT)Jason Sinclair v. Burlington Northern and Santa Fe Railway Company and Scott Jaceobsen
¶1 Jason Sinclair (Sinclair) appeals the dismissal of his claims against Burlington Northern and Santa Fe Railway Company (BNSF) in the Eighth Judicial District, Cascade County. We affirm in part, reverse in part and remand for further proceedings consistent with this Opinion.<br><br>FACTUAL AND PROCEDURAL BACKGROUND<br><br>¶2 Sinclair was an employee of BNSF from 1994 to 2001. In December 2001,... More...
$0 (12-16-2008 - MT)Avista Corporation, Inc. v. Dorrien H. Wolfe, et al.
This appeal presents the question of whether a court may retroactively declare a railroad right of way abandoned under the Abandoned Railway Right of Way Act. We conclude that the Act does not permit a nunc pro tunc abandonment declaration.<br><br>I<br><br>The storied Clark Fork River in Montana was formed from floods left by the last ice age and named by Meriwether Lewis during the expedition's r... More...
$0 (12-16-2008 - MT)John James McFarland v. Dirk Kempthorne, etc.
Appellant John J. McFarland (McFarland) contends that the district court erred in granting the defendants' motion for summary judgment. He asserts that he is entitled to an easement over Glacier Route 7 to access his property that is surrounded by Glacier National Park. Because McFarland cannot claim a common-law easement over federal land and because the National Park Service's (Park Service) den... More...
$0 (10-02-2008 - MT)George Treperinas v. Burlington Norther Santa Fee Railroad Company
<P>George Treperinas sued Burlington Northern Santa Fe Railroad on a wrongful termination theory claiming that he was terminated after he reported that he had sustained a neck injury on the job and would require extensive medical care. Treperinas was out of work until an appeals board ordered that he be returned to his job. He underwent therapy and surgery on his neck and was unable to pay his bi... More...
$300000 (12-22-2006 - MT)Paul D. Arnold v. Montana Rail Link, Inc.
<P>Montana Rail Link employed Plaintiff as a Locomotive Engineer for 16 years during which he operated a wide variety of diesel locomotives that were equipped with seats commonly used throughout the U.S. railroad industry. Significantly, Plaintiff testified that 95% of the locomotives he operated over the course of his MRL career were owned and maintained by BNSF Railway Co. and its predecessor r... More...
$550000 (04-14-2006 - MT)Albert Todd Hohnholt v. BNSF Railway Company
<P>Railroad, Federal Employers' Liability Act and Federal Locomotive Inspection Act. <P> Plaintiff Todd Hohnholt, a 45 year-old engineer with 25 years of seniority from Guernsey, Wyoming, was injured on the job on July 4, 2004 after exiting the cab of a BNSF locomotive. As Plaintiff began to descend the locomotive stairway, the top portion of a rusty handhold broke, causing Plaintiff to loose h... More...
$1500000 (08-25-2005 - MT)Douglas McKown v. Burlington Northern Santa Fe Railroad
<P>Douglas McKown sued Burlington Northern Santa Fe Railroad on a Federal Employers' Liability Act (FELA) claim for injuries he sustained as a result of a collision between two coal trains in the Powder River Basin in 2002. <P> On May 11, 2002, 49 year-old Plaintiff Douglas P. McKown, a BNSF Locomotive Engineer, and his conductor departed the North Rochelle coal mine in southern Wyoming wi... More...
$1000000 (03-11-2005 - MT)<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-15458/99-611.doc" target="_new">Michael A. Albinger v. Michelle L. Harris</a>
1 Who owns a ring given in anticipation of marriage after the engagement is broken? Michelle L. Harris (Harris) appeals the disposition of an engagement ring by the Eighth Judicial District Court, Cascade County, Montana, and Michael A. Albinger (Albinger) cross-appeals the denial of reimbursement for certain telephone charges incurred by Harris and the award of damages for a prior, unlitigated a... More...
$0 (06-02-2002 - MT)<a href="http://www.lawlibrary.state.mt.us/dscgi/ds.py/Get/File-12287/00-619.htm" target="_new">Renner v. Nemitz</a>
1 The appellant, David Nemitz (Nemitz), appeals from an order of the District Court of the Sixteenth Judicial District, Custer County, finding a prescriptive easement over his property in favor of the respondent, James G. Renner (Renner). We affirm in part and reverse in part.<P> 2 We address the following issues on appeal:<P> 3 1. Did the District Court err in finding a prescriptive easement ov... More...
$0 (10-04-2001 - MT)<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/84B3E9D0949FBE4B88256A30005ADB9C/$file/9935790.pdf?openelement" target="_new">Lee v. Burlington Northern Santa Fe Railroad Company</a>
This case involves an action for damages against a railroad asserting an alleged failure to maintain adequate warning devices at a grade crossing near Columbia Falls, Montana. After appellant Stacey Thomas Lee ("Lee") was injured in a collision with a train, he sued Burlington Northern Santa Fe ("BNSF"), the train's owner and operator. Lee contended that the warning signs posted at the crossi... More...
$0 (04-16-2001 - MT)<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/04485f8dcbd4e1ea882569520074e698/a008df56622d42828825695200757a35/$FILE/9935799.PDF" target="_new">Big Horn County Electric Cooperative, Inc., v. Denis Adams, et al.</a>
The Crow Tribe enacted the Railroad and Utility Tax Code which assesses a 3% tax on the full fair market value of all "utility property" located on tribal or trust lands within the exterior boundaries of the Crow Reservation. Big Horn Electric Cooperative filed an action in federal district court against several tribal officials for injunctive and declaratory relief, contending that the Tribe exc... More...
$0 (07-14-2000 - MT)Red Wolf, et al. v. Burlington Northern Railroad Co.
Railroad. Five Crow Indians sued for damages and injuries sustained by them in a railroad crossing accident. ... More...
$250000000 (02-06-1996 - MT)