STORY FROM: Benzene & Emerging Toxic Torts Litigation

5th Circuit Affirms Summary Judgment Order Entered in Benzene Case

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has upheld an award of summary judgment to defendants in a case brought by a woman who said exposure to benzene and other toxins caused her to deliver a stillborn child, finding “no abuse of discretion.”

In the two-page Oct. 20 opinion, the 5th Circuit found that the U.S. District Court for the Eastern District of Louisiana issued a “thorough and well-reasoned order” and noted that both the U.S. Supreme Court and the 5th Circuit “have affirmed the exclusion of expert testimony that was based upon studies with the same ...

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