> it sounds like they made zero net profit on years of business there after the fine,
The fine was levied June 6, 2024. Per the court record in the article.
But let's talk about the profits.
> As a “conscious wrongdoer,” BNSF “will be stripped of the net profits obtained from its unauthorized interference with another’s property,” Lasnik <the judge> ordered.
> the Tribe has the initial "burden of producing evidence permitting at least a reasonable approximation of the amount of the wrongful gain"
I find it unlikely that they will return the majority of the profits to the Tribe, beyond the fine.
The fine was levied June 6, 2024. Per the court record in the article.
But let's talk about the profits.
> As a “conscious wrongdoer,” BNSF “will be stripped of the net profits obtained from its unauthorized interference with another’s property,” Lasnik <the judge> ordered.
> the Tribe has the initial "burden of producing evidence permitting at least a reasonable approximation of the amount of the wrongful gain"
I find it unlikely that they will return the majority of the profits to the Tribe, beyond the fine.