12 November 2004 Judge Rules That CP Derailment Case Can Continue in Federal Court Bismarck North Dakota - A federal judge has rejected an argument from Canadian Pacific Railway and Soo Line Railroad that a lawsuit related to a train derailment in Minot more than two years ago should be thrown out of federal court.   The decision was made Monday by U.S. District Court Judge Daniel L. Hovland in Bismarck.   The lawsuit stems from a derailment on the west edge of Minot 18 Jan 2002, that sent a cloud of anhydrous ammonia into the air, killing John Grabinger, 38, and injuring hundreds.   Mike Miller, a Fargo attorney working for a firm that is representing about 900 people in the lawsuit, said the decision is an important development in the case.   "If the judge would have ruled the other way, we would have had to re-file in state court," Miller said.   Laura Baenen, a spokesperson for CP Rail, said Monday's decision was procedural and that the railroad is letting the lawsuit play itself out in court. She would not make any other comment about the case.   According to Miller, the railroad argued that the individuals bringing injury claims did not meet the requirements to sue in federal court, where an individual must claim damages of more than $75,000.   There have been dozens of cases filed in federal and state courts in North Dakota and Minnesota over the derailment.   Plaintiffs are seeking at least $50,000 from CP Rail, which has Soo Line as a subsidiary. Miller said many of the lawsuits are filed in Minnesota because Soo Line has its main office in Minneapolis.   Several other law firms are representing Minot residents in various lawsuits.   Miller, an attorney with Solberg, Stewart, Miller, Johnson, Tjon & Kennelly, Ltd., said attorneys have recently asked the court for a class certification, which would allow all of the people who were injured from the derailment to be part of a class-action lawsuit. Miller said there could be many people who were injured from the derailment, many whom don't currently have attorneys.   If the judge rules against allowing the class-action lawsuit, Miller said cases would be tried for individuals or small groups, which could be time consuming and expensive.   "We think this case is well suited to be a class action case," Miller said.   Although he doesn't know when the judge will make a decision about class certification, Miller said it could come before the end of the year.