STORY FROM: Benzene & Emerging Toxic Torts Litigation
Illinois Federal Court Rejects Challenges to Claims in Benzene CLL Suit
August 27, 2018
CHICAGO –– An Illinois federal court has denied a defense motion to dismiss claims of willful and wanton misconduct in a benzene suit, rejecting the defendant’s position that such claims are not recognized under Illinois law.
In an Aug. 21 docket entry, the U.S. District Court for the Northern District of Illinois did state that the plaintiffs could not pursue a breach of warranty theory of liability.
The federal court also denied RPM Wood’s motion to bifurcate general causation.
Plaintiffs Joseph and Carole Kupiszewski asserted the claims on Sept. 5, contending that the defendant’s benzene-containing products caused Joseph ...