STORY FROM: Benzene & Emerging Toxic Torts Litigation
La. Federal Court Remands Benzene Action, Says Defendant Failed to Establish OCSLA Jurisdiction
October 18, 2018
NEW ORLEANS –– A Louisiana federal court has remanded a benzene action, finding that while the plaintiff admitted that he used the product in question for three months on an OCSLA site, that time is “inconsequential” when balanced against the seven years he was exposed to benzene-containing products while working as a seaman.
In the Oct. 17 order, the U.S. District Court for the Eastern District of Louisiana opined that U.S. Steel failed to carry its burden of showing that the plaintiff’s injury would not have occurred but for his offshore employment.
Plaintiff Kenneth Matte filed the underlying claims, contending ...