Wells

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JACKSON WELLS, as Personal No. 24-4802 Representative for the Estate of D.C. No. Thomas E. Wells, deceased; JUDITH 4:21-cv-00097- HEMPHILL, as Personal

BMM

Representative for the Estate of Joyce H. Walder, deceased,

OPINION

Plaintiffs - Appellees,

v.

BNSF RAILWAY COMPANY, a Delaware corporation,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Brian M. Morris, Chief District Judge, Presiding

Argued and Submitted October 21, 2025 Portland, Oregon

Filed February 24, 2026

Before: Consuelo M. Callahan, Morgan B. Christen, and Andrew D. Hurwitz, Circuit Judges. Opinion by Judge Christen; Concurrence by Judge Callahan

SUMMARY*

Common Carrier Exception / Montana Law

The panel reversed the district court’s judgment in favor of Plaintiffs, former residents of Libby, Montana who developed mesothelioma from asbestos exposure, on their strict liability claims against BNSF Railway Company arising from BNSF’s transportation of asbestos-containing vermiculite. BNSF was required by federal law to transport asbestos- containing…