Sayler-Bolt-Hoffer-Boyd-Secure-Jury-Verdict-Record-Sanctions-Against-BNSF

Record FELA Sanctions and Verdict Awards Upheld For 'Pervasive' Discovery Misconduct A Minnesota appeals court recently upheld a $15,343,753 jury verdict award in the case of Scott Kowalewski versus BNSF Railway Company. The court also approved an additional $5,846,281 in sanctions, awarded for BNSF’s “pervasive” discovery abuses and destruction of critical evidence....

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A week before trial was scheduled to begin in Kowalewski v. BNSF, a Hennepin County judge sanctioned the railroad for its extensive cover-up and litigation abuses.  This misconduct included destruction of and intentional failure to preserve evidence at the scene; destroying shipping papers for the railroad cars involved; destroying video of the...

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