** NOVEMBER UPDATE ** TT

The "first wave" of cases settled in Minneapolis. These were cases that were settled "on the doorsteps of the courthouse". The settlements were confidential but we assume that they were fair. There is more good news, just before the trial CP had admitted liability (i.e. they admitted that they were negligent in causing the derailment), so  damages were the only issue that were going to go to trial. We are finally seeing that the railroad is admitting that the derailment was their fault.

The "second wave" of cases are set for trial in Minneapolis, starting Jan. 15. The railroad has again admitted liability on this  "wave" of cases, which, again, is very positive for everyone that was in Minot on that horrible night.  After this "wave", we expect a number of other "waves" to go to trial in Minneapolis during 2006. 

As far as the class action, we are waiting for the North Dakota's Chief Judge to rule on some very important issues. Among these issues are: (1) CP's Motion to dismiss the entire case on federal preemption grounds (An issue that the Minneapolis judge denied), (2) Our motion for punitive damages, which, under the law, can be allowed to punish the railroad for its wrongdoing (An issue that was denied in the Minneapolis cases), and (3) Our motion to give notice to all class members about their rights (which the railroad has strongly opposed).  As soon as the judge rules on these issues, we expect the class action to move forward. Perhaps we may have trials starting in the class action as early as April or May of 2006

As always, we continue to evaluate each and every individual case on a daily basis so that when the Canadian Pacific is ready to actually discuss each individual case we are ready to tell them exactly every issue in each case. If you have any questions please contact Darcie at our office. We wish this these issues could all be solved quickly, but unfortunately this is a process that is very slow, as you all know. We appreciate your patience and will try to continually  update all of you on the status of each of your cases.

September Update

CP asks court to dismiss class action because of federal preemption.  A copy of CP's memo is attached.  We will respond by October 6.  We are confident that the judge will not dismiss the case. Trial of first derailment cases is still on for October 10 in Minneapolis. We have been working hard with Minneapolis attorneys preparing for this trial. The second wave of trials, which includes two of our clients, is set for February 2006 with more to follow every few months in Minneapolis. We hope the CP may get more serious about trying to settle all cases, now that trials are starting.

Click here to see CP's memo: CP Memorandum of Law

CLASS CERTIFICATION HAS BEEN APPROVED!!

On May 5, 2005, Federal Chief Judge Daniel Hovland certified our case against Canadian Pacific Railway as a class action. The class has been defined as:

A class consisting of all persons who have not signed releases with the Defendants or who have signed releases within the "cooling-off period" as prescribed by Section 9-08-08 of the North Dakota Century Code and wish to void the releases, and who were exposed to the anhydrous ammonia cloud in and around the city of Minot, North Dakota, and who were adversely affected by the release of the hazardous chemical on January 18, 2002, and who have sustained property damages, property value diminution, personal injuries, and economic or non-economic damages as a result of the derailment and hazardous chemical release.

All class members will receive notice within the next couple months with instructions explaining how the class will proceed. We are very happy with this decision and look forward to helping everyone that was injured in Minot. 

To read Chief Jude Daniel Hovland's decision click on the following link: Minot Class Certification.pdf

To read the memorandum we have filed asking the court to allow us to seek punitive damages click on the following link: Memorandum Supporting Punitives.pdf

In the meantime, we continue to evaluate each retained client's file. Also, our firm has filed additional individual lawsuits in Minnesota. Trials for select cases in Minnesota will commence in October of this year.

ACTION:

Solberg, Stewart, Miller & Tjon represent nearly 900 people who were injured in the disastrous Canadian Pacific derailment and resulting toxic chemical spill that occurred on January 18, 2002.

We have commenced two class action lawsuits: one in North Dakota and the other in Minnesota. The lawsuits allege that CP was negligent in causing the derailment and is obligated to pay reasonable damages to all people injured by the anhydrous ammonia spill, the largest such toxic chemical spill in the world.

Our firm, working with the Zimmerman Reed law firm (www.zimmreed.com) in Minneapolis, MN, and the Daniel Becnel firm in New Orleans, LA, has retained some of the foremost liability and medical experts in this country. 

On March 8, 2004, the NTSB finally issued its report and findings following an extensive investigation of the Minot Canadian Pacific Railway derailment. The NTSB ruled:

The National Transportation Safety Board determines that the probable cause of the derailment of Canadian Pacific Railway train 292-16 was an ineffective Canadian Pacific Railway inspection and maintenance program that did not identify and replace cracked joint bars before they completely fractured and led to the breaking of the rail at the joint. Contributing to the severity of the accident was the catastrophic failure of five tank cars and the instantaneous release of about 146,700 gallons of anhydrous ammonia.

Now that the NTSB report has been issued we will vigorously pursue litigation. All NTSB investigation material will be carefully reviewed and analyzed by our liability experts. We will begin to take depositions of CP employees and their experts. Our goal will be to bring our case(s) to trial as quickly as possible and to obtain fair compensation for people who were injured or damaged by the derailment.

Recently, it became clear that we have run into a brick wall in our settlement negotiations, thus those negotiations have been discontinued. We will now focus all our energy on pursuing litigation.

WHAT YOU SHOULD DO:

It is very important that if you continue to suffer from injuries from the exposure to the toxic anhydrous ammonia that you continue to seek appropriate medical attention. Be sure and keep us informed of such ongoing treatment or new treatment that you receive.

MORE INFORMATION:

The NTSB synopsis report:  http://www.ntsb.gov/publictn/2004/RAR0401.htm

Read the news release from U.S. Senator Byron Dorgan (D-ND): http://dorgan.senate.gov/newsroom/record.cfm?id=218849

The Fargo Forum's continued coverage of the tragic derailment in Minot: http://www.in-forum.com/specials/minot/index5.cfm

Senator Conrad and Congressman Pomeroy made a visit to Minot on April 15, 2004 to discuss the NTSB and FRA's investigation of the derailment. The following is the Fargo Forum's article about the visit: http://www.in-forum.com/articles/index.cfm?id=55982&section=News

CONTACT US:

If you have any questions concerning this case please feel free to contact Darcie Wahl at 701-237-3166 or toll-free 877-237-3166 or her by e-mail at: dwahl@solberglaw.com

Hits From 11/02/2004: