STORY FROM: Benzene & Emerging Toxic Torts Litigation

Benzene Plaintiffs File Petition for Writ of Certiorari with U.S. Supreme Court

WASHINGTON, D.C. –– Benzene plaintiffs whose claims were dismissed on admissibility grounds have asked the U.S. Supreme Court to review the dispute, maintaining that the courts “narrowly” interpreted Rule 702.

In the Aug. 18 petition, the plaintiffs said that, when affirming the Eastern District of Louisiana Court’s dismissal order, the 5th Circuit U.S. Court of Appeals erred when it did not adopt a liberal interpretation of Rule 702, which would exclude expert testimony when “clearly based on ‘faulty methodology or theory.’”

The 5th Circuit issued its decision in May, agreeing with the District Court that "the body of evidence upon ...

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