STORY FROM: Benzene & Emerging Toxic Torts Litigation
Benzene Plaintiff Files Appellate Brief, Says Federal Court Reached its Own Conclusions on Studies Cited by Experts
May 20, 2016
NEW ORLEANS –– A plaintiff who contends that exposure to benzene cause her to experience a spontaneous abortion and deliver a stillborn daughter has filed her brief in support of her appeal of an order dismissing her claims, maintaining that the federal court “reached its own conclusions from the scientific studies” cited by the plaintiff experts.
In a brief filed May 12 with the 5th Circuit, the plaintiffs argued that when making a reliability determination, the court is not to decide which set of expert reports is more persuasive than the other, but rather decide whether a trier of fact ...