STORY FROM: Benzene & Emerging Toxic Torts Litigation

5th Circuit Dismisses Appeal of Order Awarding Summary Judgment to Defendants in Chemical Exposure Suit

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has dismissed an appeal filed by plaintiffs whose chemical exposure suit was tossed, finding that the District Court has since vacated its judgment in light of other defendants remaining in the case.

In the Sept. 5 order, the 5th Circuit explained that the plaintiffs had appealed a U.S. District Court for the Eastern District of Louisiana order finding that the plaintiffs had failed to establish that their claims fell under the intentional act exception in the Louisiana Workers’ Compensation Act.

The same day, the court issued judgment against the ...

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