STORY FROM: Benzene & Emerging Toxic Torts Litigation
Pennsylvania Federal Court Strikes Second Amended Complaint in Benzene Case, Allows 10 Days to Re-File
May 27, 2019
PHILADELPHIA –– A Pennsylvania federal court has struck a second amended complaint filed by benzene plaintiffs for failure to comply with Federal Rules of Civil Procedure.
In a May 24 order, the U.S. District Court for the Eastern District of Pennsylvania specified that the plaintiffs had failed to comply with Rule 15(a)(2), which stipulates that a party may amend its pleading “only with the opposing party’s written consent or the court’s leave.”
The court then ordered the plaintiffs to file a motion for leave to file a second amended complaint within 10 days.
On May 20, the plaintiffs directly ...