This case arose from two separate Federal Employers' Liability Act (FELA) actions involving employees of the BNSF Railway Company.

The first action was brought by a North Dakota resident who claimed to have been injured while working as a truck driver for BNSF.

The second action was commenced by the executor of a South Dakota resident who allegedly died following exposure to toxic substances while working for BNSF.

Rather, the first cited sentence of Section 56 governs selection of the venue in FELA cases brought in federal courts, and the next sentence confers concurrent subject-matter jurisdiction over FELA cases on state as well as federal courts.

Section 56 did not establish a special rule for personal jurisdiction over railroads or other defendants subject to FELA claims.

However, she concluded that the Montana state courts could exercise jurisdiction over BNSF consistent with due process.