Last fall a Minnesota judge ruled that one of the nation’s largest railroad companies, BNSF Railway, engaged in a “staggering” pattern of courtroom misconduct that obscured what happened when four young people were killed in a collision at an Anoka, Minn. rail crossing in 2003.
Judge Ellen Maas found that BNSF had tampered with key evidence, interfered with investigators and lied under oath. She fined the company $4.2 million and said she hoped to prevent future misconduct.
However, an investigation by the Minneapolis newspaper the Star Tribune along with the ProPublica news organization found that BNSF has had repeated run-ins with judges. The investigation found that judges around the country have disciplined BNSF after finding that the company or its legal representatives broke rules ensuring fair legal proceedings in 13 cases involving collisions or work injuries.
The company has been cited for destroying evidence and other types of obstruction. In four cases, judges ordered new trials or declared mistrials because of misconduct.
In eight other cases, employees or attorneys admitted losing evidence or other problems that could be classified as misconduct.
The company denies trying to gain unfair advantage in lawsuits. “It is highly misleading, unfair and plain wrong for the Star Tribune to pick these few instances to paint and malign BNSF as a company with a corporate culture of failing to follow rules of judicial conduct,” the company said in a written statement.
BNSF appealed the misconduct ruling in the Anoka case, but the state Court of Appeals declined to overrule the decision on that issue. It did, however, order a new trial to determine liability for the accident. If the case goes to a second trial and a jury decided the company was not at fault in the deaths of the four victims, the $4.2 million fine for misconduct could be reduced to $1.1 million.
According to the Federal Railroad Administration, over the past 10 years, 500 people have been killed and nearly 1,700 injured in 4,100 accidents involving a BNSF train or crossing.
BNSF is a major railroad company with trains running through 28 states, and more than $14 billion in revenue in 2009. Investor Warren E. Buffett of Berkshire Hathaway Inc. acquired the company in February in a $26 billion deal.


