STORY FROM: Benzene & Emerging Toxic Torts Litigation

Oral Argument Set for October in Appeal of $1.76 Million Benzene Judgment

ST. LOUIS –– The 8th Circuit U.S. Court of Appeals has scheduled oral arguments in the appeal of a $1.76 million judgment that benzene defendants say should be overturned because crucial parts of the verdict form and instructions led to inconsistent findings of negligence.

In a Sept. 15 docket entry, the 8th Circuit set oral arguments for Oct. 18 before Judges Lavenski R. Smith, Raymond W. Gruender and Duane Benton in Division I.

In the Feb. 13 reply brief, Lyondell defendants said that much of the plaintiff’s evidence “cannot support the jury’s award because it does not even concern ...

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