STORY FROM: Benzene & Emerging Toxic Torts Litigation
Benzene Defendants File Motion to Dismiss on Forum non Conveniens Grounds, Say New York More Suitable Forum
August 29, 2017
PHILADELPHIA –– Defendants named in a Pennsylvania benzene complaint have filed a motion to dismiss on forum non conveniens grounds, maintaining that both public and private interest factors weigh in the favor of dismissal since the plaintiffs have no connection to the state.
In an Aug. 21 motion filed in the Pennsylvania Court of Common Pleas for Philadelphia County, defendants U.S. Steel Corp., CRC Industries Inc., and Sunoco LLC, explained that since all of the plaintiffs’ alleged exposures occurred in New York, that state’s law will likely apply to the underlying claims.
“…[A]nd thus, New York –– not Pennsylvania ...