STORY FROM: Benzene & Emerging Toxic Torts Litigation

Texas Court Denies Motions for Definite Statement, Lone Pine Order in Chemical Exposure Suit Against BNSF

DALLAS –– BNSF Railway Co.’s efforts to obtain a more definite statement or implement a Lone Pine order in a chemical exposure lawsuit have been rejected by a Texas federal court, which concluded in part that the motions were an “improper attempt to shift” the burden of production to the plaintiffs at the pleading stage.

In the April 4 order, the U.S. District Court for the Northern District of Texas further disagreed with the defendant’s argument that the plaintiff had failed to assert claims with sufficient specificity.

The plaintiffs asserted the claims on behalf of Darin W. Arnold, contending that ...

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