STORY FROM: Benzene & Emerging Toxic Torts Litigation

Kentucky Federal Court Tosses 2 More Benzene Suits as Time-Barred; Motions Pending in Additional 3 Cases

LOUISVILLE, Ky. –– A Kentucky federal court has denied a benzene plaintiff’s request to alter or amend an order dismissing his claims as time-barred, saying that it had fully addressed the applicability of the statute of limitations in its order.

In a Jan. 20 order, the U.S. District Court for the Western District of Kentucky opined that the plaintiff had failed to show that he is entitled to reconsideration, maintaining that it had already weighed the differences between KRS 413.140 –– in which a one-year statute of limitations period is prescribed for injuries to persons –– and KRS 342.316, which ...

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