Attorneys for a Warren Buffett-owned railway are expected to argue before a jury on Friday that the railroad should not be held liable for hauling asbestos into a Montana town that allegedly sickened — and even killed — hundreds.
BNSF Railway has argued that the nation’s largest freight railroad’s predecessors — before Buffett’s Berkshire Hathaway bought the firm in 2010 and took it private — didn’t know the vermiculite it hauled over decades from a nearby mine in Libby, Mont., was filled with hazardous microscopic asbestos fibers, according to Fortune.
How much BNSF knew about the health hazard from those shipments dating back to at least 2009 — when the US Environmental Protection Agency first declared a public health emergency because of the Libby site — is it at the center of a weeks-long civil trial that began on April 8, Fortune reported.
Health officials have concluded that the contaminated vermiculite — a naturally occurring mineral often used in construction — sickened more than 3,000 people and led to several hundred deaths.
According to the Mayo Clinic, exposure to asbestos fibers “can cause lung tissue scarring and shortness of breath,” leading to a condition called Asbestosis or other forms of lung cancer.
The estate of Thomas Wells filed a wrongful death lawsuit against BNSF in 2021. Wells — who worked in the Libby area between 1976 and 1978 for the US Forest service — was diagnosed with mesothelioma, a rare and aggressive lung cancer linked to asbestos exposure, at age 65, according to Scripps News.
“I’m in great pain and alls I see is this getting worse,” the retired middle school teacher from Oregon said in a video deposition from a hospital bed in his home recorded in March 2020, four months after his cancer diagnosis.
He died a day later.
The video of Wells’ final words was played for jurors.
Another plaintiff, the family of Joyce Walder, played in the same area in her youth before dying of mesothelioma at 66 — less than a month after her diagnosis — Scripps reported.
“I hope no one has to see the light of hope pass from a parent’s or loved one’s eyes, because that is something you will never forget,” Walder’s daughter, Chandra Zechmeister, testified Monday, per Scripps.
Representatives for BNSF declined to comment on pending litigation.
Also at the center of the proceedings is W.R. Grace & Co., a chemical company that operated a mountaintop vermiculite mine mere miles outside of Libby up until its closure in 1990, according to Fortune.
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The Maryland-based company has already paid significant settlements to victims, plus a $34 million bankruptcy settlement in 2007 to cover cleanup costs at 32 Superfund sites across the US.
The EPA’s Superfund program allows the federal agency to clean up contaminated sites.
The agency descended on Libby in 1999 following news reports of a dusty rail yard. In 2009, it declared in Libby the nations first ever public health emergency under the federal Superfund cleanup program, Fortune reported.
The pollution in Libby has since been cleaned up — but largely at the public’s expense.
Throughout the trial thus far, US District Court Judge Brian Morris has frequently reminded jurors that W.R. Grace’s liability is separate to that of BNSF, per Fortune.
W. R. Grace executives have already faced criminal charges over the contamination at the small Montana town near the US-Canada border, though they were acquitted following a 2009 trial.
BNSF has argued that it was obliged under law to ship the vermiculite — which it used in insulation and for other commercial purposes — and that W.R. Grace hadn’t been forthcoming about its asbestos contamination, according to Fortune.
Former railroad workers said during testimony and in depositions that they didn’t even know about the health hazards associated with asbestos exposure.
Post Office scandal victims are calling for redress schemes to be taken away from the government completely, ahead of the public inquiry publishing its first findings.
Phase 1, which is due back on Tuesday, will report on the human impact of what happened as well as compensation schemes.
“Take (them) off the government completely,” says Jo Hamilton OBE, a high-profile campaigner and former sub-postmistress, who was convicted of stealing from her branch in 2008.
“It’s like the fox in charge of the hen house,” she adds, “because they were the only shareholders of Post Office“.
“So they’re in it up to their necks… So why should they be in charge of giving us financial redress?”
Image: Nearly a third of Ms Hamilton’s life has been dominated by the scandal
Jo and others are hoping Sir Wyn Williams, chairman of the public statutory inquiry, will make recommendations for an independent body to take control of redress schemes.
The inquiry has been examining the Post Office scandal which saw more than 700 people wrongfully convicted between 1999 and 2015.
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Sub-postmasters were forced to pay back false accounting shortfalls because of the faulty IT system, Horizon.
At the moment, the Department for Business and Trade administers most of the redress schemes including the Horizon Conviction Redress Scheme and the Group Litigation Order (GLO) Scheme.
The Post Office is still responsible for the Horizon Shortfall scheme.
Image: Lee Castleton OBE
Lee Castleton OBE, another victim of the scandal, was bankrupted in 2007 when he lost his case in the civil courts representing himself against the Post Office.
The civil judgment against him, however, still stands.
“It’s the oddest thing in the world to be an OBE, fighting for justice, while still having the original case standing against me,” he tells Sky News.
While he has received an interim payment he has not applied to a redress scheme.
“The GLO scheme – that’s there on the table for me to do,” he says, “but I know that they would use my original case, still standing against me, in any form of redress.
“So they would still tell me repeatedly that the court found me to be liable and therefore they only acted on the court’s outcome.”
He agrees with other victims who want the inquiry this week to recommend “taking the bad piece out” of redress schemes.
“The bad piece is the company – Post Office Limited,” he continues, “and the government – they need to be outside.
“When somebody goes to court, even if it’s a case against the Department for Business and Trade (DBT), when they go to court DBT do not decide what the outcome is.
“A judge decides, a third party decides, a right-minded individual a fair individual, that’s what needs to happen.”
Image: Pic: AP
Mr Castleton is also taking legal action against the Post Office and Fujitsu – the first individual victim to sue the organisations for compensation and “vindication” in court.
“I want to hear why it happened, to hear what I believe to be the truth, to hear what they believe to be the truth and let the judge decide.”
Neil Hudgell, a lawyer for victims, said he expects the first inquiry report this week may be “really rather damning” of the redress claim process describing “inconsistencies”, “bureaucracy” and “delays”.
“The over-lawyeringness of it,” he adds, “the minute analysis, micro-analysis of detail, the inability to give people fully the benefit of doubt.
“All those things I think are going to be part and parcel of what Sir Wynn says about compensation.
“And we would hope, not going to say expect because history’s not great, we would hope it’s a springboard to an acceleration, a meaningful acceleration of that process.”
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June: Post Office knew about faulty IT system
A Department for Business and Trade spokesperson said they were “grateful” for the inquiry’s work describing “the immeasurable suffering” victims endured.
Their statement continued: “This government has quadrupled the total amount paid to affected postmasters to provide them with full and fair redress, with more than £1bn having now been paid to thousands of claimants.
“We will also continue to work with the Post Office, who have already written to over 24,000 postmasters, to ensure that everyone who may be eligible for redress is given the opportunity to apply for it.”
An MP who decided until recently to “never speak” about the abuse he suffered as a child has shared his harrowing story so that “no kid has to go through” what he did.
Josh Babarinde describes being physically abused by his mother’s former partner from the age of four, and remembers crying himself to sleep under the covers “hearing shouts, hearing screams and things smash”.
He says he became hypervigilant growing up and felt safe at school but “like he was treading on eggshells” in his own home.
The Eastbourne MP, who is also the Liberal Democrats’ justice spokesperson, says his experience has driven his politics. He is calling on the government to stop abusers “slipping through the net” and being released from prison early.
Opening up about his story in his twenties was “difficult” but looking back, Mr Babarinde says, he is “so proud of the resilience of that kid”.
The MP recently found his childhood diary containing Star Wars drawings alongside an entry he wrote from the bathroom. The diary, he recalls, wrote: “I’m really going to try to go (to the toilet) but I can’t. Oh my goodness, I’m gonna be in so much trouble, I’m going to get smacked so hard.”
Then an entry five minutes later: “I still haven’t done anything, I’m going to be in so much trouble.”
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He says reading the entry reminded him of how “helpless” he felt.
“It was mortifying,” he says. “An abuser takes away your sense of self-worth.”
Image: Mr Babarinde says he wants the government to ‘properly recognise domestic abuse crimes in the law’
The 32-year-old is calling on the government to change the law to make domestic abuse a specific criminal offence. The change would mean, he argues, abusers can no longer effectively disguise their history under other offences like assault.
He says the Ministry of Justice’s early release scheme, which has seen thousands of prisoners released early to ease overcrowding, has failed to exclude domestic abusers despite government promises because there is no formal categorisation for offenders.
It is impossible, he argues, to know exactly how many domestic abusers are in prison currently so perpetrators are “slipping through the net” on early release.
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2:39
January: Rising violence against women and girls
Mr Babarinde says the uncertainty means victims and survivors are not able to prepare for their abuser’s release.
He said: “They might need to move house or move their kids to a new school, shop in different places. All of these kind of things are so important, and so that’s why that commitment the government made was so important.”
A spokesperson for the Ministry of Justice said: “Our thoughts are with all victims of domestic abuse – it takes immense courage to speak out.
“We are building a justice system that puts victims first – strengthening support, increasing transparency, and giving people the confidence to come forward and be heard.”
US President Donald Trump, right, and Elon Musk, chief executive officer of Tesla Inc., during a news conference in the Oval Office of the White House in Washington, DC, US, on Friday, May 30, 2025.
Francis Chung | Bloomberg | Getty Images
When they find themselves without a significant other, most men finally start living: They pay attention to their personal grooming, hit the gym and discover new hobbies.
What does the world’s richest man do? He starts a political party.
Last weekend, as the United States celebrated its independence from the British in 1776, Elon Musk enshrined his sovereignty from U.S. President Donald Trump by establishing the creatively named “American Party.”
Few details have been revealed, but Musk said the party will focus on “just 2 or 3 Senate seats and 8 to 10 House districts,” and will have legislative discussions “with both parties” — referring to the U.S. Democratic and Republican Parties.
It might be easier to realize Musk’s dream of colonizing Mars than to bridge the political aisle in the U.S. government today.
To be fair, some thought appeared to be behind the move. Musk decided to form the party after holding a poll on X in which 65.4% of respondents voted in favor.
Folks, here’s direct democracy — and the powerful post-separation motivation — in action.
[PRO] Wall Street is growing cautious on European equities. As investors seek shelter from tumult in U.S., the Stoxx 600 index has risen 6.6% year to date. Analysts, however, think the foundations of that growth could be shaky.
And finally…
Ayrton Senna driving the Marlboro McLaren during the Belgian Grand Prix in 1992.
Pascal Rondeau | Hulton Archive | Getty Images
The CEO mindset is shifting. It’s no longer all about winning
CEOs today aren’t just steering companies — they’re navigating a minefield. From geopolitical shocks and economic volatility to rapid shifts in tech and consumer behavior, the playbook for leadership is being rewritten in real time.
In an exclusive interview with CNBC earlier this week, McLaren Racing CEO Zak Brown outlined a leadership approach centered on urgency, momentum and learning from failure.