Swinomish Indian Tribal Community v BNSF Railway Company

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Case Number:

2:15-cv-00543

Court:

Washington Western

Nature of Suit:

Contract: Other

Judge:

Robert S. Lasnik

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  1. January 17, 2017

    Tribe Gets Partial Win In BNSF Oil Haul Spat

    A Washington federal judge concluded Friday that BNSF Railway Co. breached a right-of-way easement agreement with the Swinomish Indian Tribal Community by increasing crude oil shipments across reservation land, but that the tribe must ask a different forum to limit the railroad company's activity.

  2. November 16, 2016

    Rail Regulator Won't Step Into Tribe, BNSF Oil Haul Spat

    The Surface Transportation Board refused Wednesday to insert itself into a rail service dispute related to the Swinomish Indian Tribal Community's ongoing federal suit alleging BNSF Railway Co. is violating a right-of-way easement agreement by hauling more-than-expected crude oil shipments across the tribe’s Washington reservation.

  3. September 14, 2016

    BNSF Gets Partial Win On Atty Docs In Tribe's Rail Suit

    A Washington state tribe opened itself up to discovery of a former in-house counsel's memorandum, but not of all the attorney-client documents BNSF Railway Co. seeks in a suit alleging it ships more crude oil across reservation land than an easement allows, a federal judge ruled Tuesday.

  4. September 06, 2016

    BNSF Railway Looks To Dodge Tribal Crude Oil Haulage Suit

    BNSF Railway Co. told a federal judge on Friday that it didn't breach its right-of-way easement agreement with the Swinomish Indian Tribal Community by increasing shipments of crude oil across its reservation land, saying the agreement doesn't give the tribe authority to require the rail company to violate its common carrier obligations.

  5. August 25, 2016

    Tribe Blasts BNSF's Defense Of Crude Shipments

    The Swinomish Indian Tribal Community on Wednesday blasted the contention that BNSF Railway Co.'s increasing shipments of crude oil across reservation land do not breach a right-of-way easement agreement with the tribe or constitute trespass.

  6. August 09, 2016

    BNSF Defends Crude Oil Shipments In Swinomish's Suit

    BNSF Railway Co. asked a Washington federal court Monday to rule that it has not breached a right-of-way easement agreement with the Swinomish Indian Tribal Community or trespassed on the tribe's property by increasing shipments of crude oil across reservation land.

  7. July 25, 2016

    BNSF Insists Key Atty Docs Might Exist In Tribe's Rail Suit

    BNSF is continuing to push a Washington tribe to turn over attorney-client communications in a suit accusing the company of shipping more crude oil across the reservation than allowed, maintaining that a key factual statement made by the tribe's former attorney is "plausibly" based on privileged discussions.

  8. July 19, 2016

    Tribe Rips BNSF's Bid For More Discovery In Oil Shipping Suit

    The Swinomish Indian Tribal Community on Monday blasted BNSF Railway Co.'s latest bid for discovery of attorney-client communications in the tribe's Washington federal court suit alleging the railroad company is shipping more crude oil across reservation land than allowed under a right-of-way easement agreement.

  9. May 09, 2016

    Tribe Can't Dodge Discovery In Railway Suit, Judge Rules

    The Swinomish Indian Tribal Community must turn over attorney-client communications to a courtroom adversary if it wants to use that lawyer's recollection of negotiations in its case against a railroad right of way, a Washington federal judge ruled Friday.

  10. April 18, 2016

    BNSF Says Tribe Can't Dodge Discovery In Oil Shipping Row

    BNSF Railway Co. again urged a Washington federal judge Friday to grant its bid for discovery in a tribe's suit over oil shipments across its lands, saying the tribe clearly waived privilege for communications with its former attorneys over potential increases in rail traffic under an easement agreement.