STORY FROM: Benzene & Emerging Toxic Torts Litigation

Neb. Court Dismisses Chemical Exposure FELA Lawsuit Against Union Pacific as Time-Barred

OMAHA, Neb. –– A Nebraska federal court has dismissed a chemical exposure suit, contending that the plaintiff had been put on notice of his potential claim against Union Pacific Railroad Co. more than five years before he filed the underlying complaint.

In the Dec. 5 order, the U.S. District Court for the District of Nebraska found that the plaintiff was aware that his workplace exposure to chemicals and other hazardous materials posed a risk of harm to his health.

Plaintiff John E. Pope asserted the claims against his former employer, Union Pacific Railroad, contending that workplace exposure to hazardous materials ...

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