STORY FROM: Benzene & Emerging Toxic Torts Litigation

Ark. Appellate Court Reverses Summary Judgment for Union Pacific, Asks for Clarification on Prior Release

LITTLE ROCK, Ark. –– An Arkansas appellate court has reversed an award of summary judgment to Union Pacific in a toxic chemical exposure lawsuit, asking the lower court for clarification on whether it applied the known-risk standard when finding that a prior release barred the claims.

In a March 13 opinion, the Arkansas Court of Appeals also asked the lower court to reconsider the appropriateness of an affidavit challenged by the defendant.

The underlying complaint was filed by Irene Murphy, who contended that her husband, Alton Murphy, was exposed to toxic chemicals during his employment as a machine operator ...

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