12 April 2006
Judge Denies CP's Motion Over Spill Suits
Minot North Dakota - A judge has denied Canadian Pacific Railway's motion to stop legal action
in the 2002 train derailment and chemical spill here.
Judge Tony Leung, in Hennepin County District Court in Minneapolis, ruled Monday that the next wave of cases against the railroad will
go forward.
Tim Thornton, an attorney for Canadian Pacific, said the railroad filed paperwork on Tuesday to appeal the ruling in the Eighth Circuit
Court of Appeals and the Minnesota Court of Appeals.
Eleven cases against the railroad are slated to begin on 8 May 2006.
The 18 Jan 2002 derailment sent a cloud of toxic anhydrous ammonia over Minot. One man was killed and hundreds of people
sought treatment for burns or breathing problems.
Hundreds of lawsuits were filed against Canadian Pacific in Minnesota, the railroad's U.S. headquarters, and in North Dakota.
The railroad had requested that all cases stemming from the derailment be put on hold until the Minnesota Court of Appeals rules on the
issue of pre-emption, which involves the question of whether the railroad legally can be sued.
U.S. District Chief Judge Daniel Hovland in Bismarck ruled in March that the Federal Railroad Safety Act pre-empts state
law, making the railroad immune from legal action.
Mike Miller, a Fargo attorney who is representing hundreds of plaintiffs, said attorneys on both sides had a "rather lengthy
hearing" with Leung on Monday afternoon.
Plaintiffs' attorneys argued that the people of Minot have waited long enough to have their day in court, Miller said.
"There are just so many people out there waiting to have their cases heard," he said. "It's just good that Canadian
Pacific wasn't able to further stall this."
Said Thornton: "Three federal judges disagree with Judge Leung and we think federal judges know what they're talking about,
especially when it comes to federal pre-emption."
Miller said "The judge indicated after listening to arguments from both sides that the cases would go forward."
He said the judge and attorneys also discussed splitting the 11 cases set for 8 May 2006 into two different trials.
"There's a fair chance that half of the cases will go forward on 8 May 2006, and the other half will go forward after
that trial concludes," Miller said.
The other half likely would go to trial in July or August, he said.
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