By Andrew H. Perellis and William R. Schubert

The Montana Supreme Court recently held that the statute of limitations provided no defense to a defendant even though the plaintiffs had not asserted their nuisance and trespass claims until decades after the initial discovery of contamination.

In Burley v. Burlington Northern & Santa Fe Railway Co., Mont., No. 11-0021 (Feb.
Continue Reading Burley v. BNSF: Montana Supreme Court Rules that Continuing Tort Doctrine Applies to Nuisance and Trespass Claims Involving Groundwater Contamination