STORY FROM: Benzene & Emerging Toxic Torts Litigation

Defendants File Brief in Appeal of $1.76 Million Judgment Entered for Benzene Plaintiff

ST. LOUIS –– Defendants hit with a $1.76 million benzene verdict earlier this year have filed their appellate brief with the 8th Circuit U.S. Court of Appeals, contending that the case “presents important issues concerning the due-process requirements for published bankruptcy notices and the proper submission of cases alleging a negligent failure to warn by a premises owner and product manufacturer.”

In the Oct. 25 appellate brief, defendants Lyondell Chemical Co., Equistar Chemicals LP, and Equistar GP, LLC, argued that the plaintiffs’ claims should have been discharged in Lyondell’s bankruptcy and, further, that the District Court erred when it failed ...

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