Tyrrell v. BNSF

In consolidated appeals, plaintiffs Robert Nelson and Kelli Tyrrell, as Special Administrator of the Estate of Brent Tyrrell (Brent), pled violations of the Federal Employers’ Liability Act (FELA), for injuries allegedly sustained while Nelson and Brent were employed by BNSF Railway Company in states other than Montana. BNSF moved to dismiss both plaintiffs’ claims for lack of personal jurisdiction. In Tyrrell's case, the court denied BNSF's motion to dismiss. In Nelson's case, the court granted BNSF's motion. The issues on appeal centered on personal jurisdiction over BNSF: whether Montana courts had jurisdiction under FELA or Montana law. After review, the Montana Supreme Court held that Montana courts had general personal jurisdiction over BNSF under the FELA and Montana law. Both cases were remanded for further proceedings. View "Tyrrell v. BNSF" on Justia Law