STORY FROM: Benzene & Emerging Toxic Torts Litigation
Louisiana Court Allows Benzene Plaintiffs to Amend Complaint Over Defense Objections
April 26, 2017
NEW ORLEANS –– A Louisiana federal court has allowed benzene plaintiffs to amend their complaint over defense objections, ruling that “a finding of liability is better and more reliably made if all alleged wrongdoers are in the same case and able to defend themselves directly.”
In the April 25 ruling, the U.S. District Court for the Eastern District of Louisiana acknowledged that whether the amendment is futile is a “close question,” ultimately the proposed amended complaint as a whole must be viewed in a light most favorable to the plaintiffs.
The plaintiffs contended in their complaint that Travis Thomas developed ...