STORY FROM: Benzene & Emerging Toxic Torts Litigation

Missouri Federal Court Rejects Defense Efforts to Dismiss Radioactive Exposure Suits as Untimely

ST. LOUIS –– A Missouri court has denied defense motions to dismiss radioactive exposure lawsuits as time-barred, finding that the amended complaints filed by the spouses of decedents relate back to the original lawsuits since they “arise out of the same operative facts as the original complaints.”

In the Aug. 8 opinion, the U.S. District Court for the Eastern District of Missouri opined that the defendants would not suffer prejudice given that the original and amended complaints relate back to their alleged mishandling of radioactive substances.

The defendants had originally challenged claims brought by the representatives for decedents Leon ...

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