STORY FROM: Benzene & Emerging Toxic Torts Litigation

La. Court Reverses Dismissal of Exxon Mobil from Benzene Suit, Says Plaintiffs Satisfied Intentional Tort Exception

BATON ROUGE, La. – A Louisiana appellate court has reversed the dismissal of Exxon Mobil from a benzene exposure suit, saying the plaintiffs’ amended complaint sufficiently pled the intent element of the tort of battery, thereby qualifying for the intentional tort exception to the Louisiana Workers’ Compensation Act.

In the April 12 ruling, the Louisiana Court of Appeals, First Circuit, opined that while the plaintiffs did not expressly say Exxon knew that leukemia was substantially certain to follow from its conduct, “they have set forth sufficient facts to support such a finding if they are able to produce the ...

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