STORY FROM: Benzene & Emerging Toxic Torts Litigation

Pa. Court Grants Motion to Dismiss on Forum Grounds, Allows Plaintiffs Leave to Re-File in North Carolina

PHILADELPHIA –– A Pennsylvania state court has issued an order dismissing a benzene complaint on forum grounds, allowing the plaintiffs to re-file the action in North Carolina or “any other appropriate jurisdiction.”

In the one-page order issued Dec. 19, the Pennsylvania Court of Common Pleas for Philadelphia County granted the defense motion to dismiss without prejudice based on forum non conveniens.

The plaintiffs in the underlying lawsuit contended that Bruce Rhyne’s Acute Myeloid Leukemia was caused by exposure to benzene-containing products he encountered while working for Duke Energy Corp. at a number of facilities.

Several defendants moved to dismiss the ...

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