STORY FROM: Benzene & Emerging Toxic Torts Litigation

Pa. Appellate Court Affirms Dismissal of Benzene Suit on Forum Grounds

PHILADELPHIA –– A Pennsylvania appellate court has affirmed a trial court’s decision to dismiss benzene claims on forum grounds, concluding that the trial court was within its discretion to weigh some private and public factors heavier than others.

In a Feb. 22 opinion, the Pennsylvania Superior Court further declined to take recently disclosed documents and a co-worker deposition in its conclusion, saying that the appellants had not alerted the trial court to those issues and, as such, have waived them for appellate review.

The plaintiffs in the underlying lawsuit contended that Bruce Rhyne’s Acute Myeloid Leukemia was caused by ...

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