STORY FROM: Benzene & Emerging Toxic Torts Litigation
10th Circuit Says Plaintiff Knew of Potential Link Between Exposure and Cancer More than 2 Years Before Filing Suit
February 22, 2018
DENVER –– A federal appellate court has affirmed the dismissal of benzene claims as time-barred, finding that the plaintiff’s involvement in a class action lawsuit years earlier and his physician’s indication that his cancer could be related to chemical exposure were enough to put the plaintiff on notice that he had a cause of action against ConocoPhillips Co.
In the Feb. 21 opinion, the 10th Circuit U.S. Court of Appeals further declined to apply the doctrine of quasi-estoppel to the claims, rejecting the plaintiff’s position that the defendant could not deny that its emissions caused cancer while simultaneously arguing that ...