Shell Again Attacks Toluene, Benzene Suit for Alleged Pleading Deficiencies

ORLANDO, Fla. –– Shell Oil Co. has moved to dismiss a benzene and toluene plaintiff’s second amended complaint, arguing that despite warnings from the court, the lawsuit still fails to provide “requisite factual detail.”

In the Feb. 23 motion, filed in the U.S. District Court for the Middle District of Florida, Shell said the complaint does not identify a viable claim and cannot survive dismissal under Rule 12(b)(6).

Plaintiff Celeste Keys filed the lawsuit, contending that she was exposed to toluene while employed by Shell. Keys said that she developed bladder cancer as a result of the exposure.

Shell had …