(The Associated Press circulated the following story on March 22.)
MINOT, N.D. — Attorneys for the Canadian Pacific Railway have filed motions for a new trial in the three cases involving jury awards totaling nearly $2 million stemming from a 2002 derailment near here.
The railroad also is asking that all cases filed against it be put on hold until a ruling comes down on an appeal that could get all the cases thrown out.
The Canadian Pacific is facing hundreds of lawsuits stemming from the derailment that sent a cloud of anhydrous ammonia over Minot four years ago.
Fargo attorney Mike Miller, who represents people suing the railroad, said he is confident Judge Tony Leung, in Hennepin County District Court in Minneapolis, will reject the bid for a new trial.
“They have been appealing everything, as everyone knows up in the Minot area. They appeal everything and certainly are doing everything possible not to have to pay one penny to anybody hurt in Minot,” Miller said.
The railroad said the Minneapolis jurors in February made awards to four plaintiffs that were out of line with the evidence. A hearing on the railroad’s motion for a new trial is scheduled next month.
Canadian Pacific is requesting 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. A hearing on that motion is tentatively set for March 31.
Hovland said the Federal Railroad Safety Act pre-empts state law, making the railroad immune from legal action.
Another group of state cases is slated to be heard May 1 in Minnesota. Canadian Pacific attorney Tim Thornton said earlier that the 8th U.S. Circuit Court of Appeals has asked for legal briefs on whether federal law covers those cases.