STORY FROM: Benzene & Emerging Toxic Torts Litigation

Court Affirms Class Certification to Plaintiffs Alleging Benzene Exposure

GRETNA, La. -- A Louisiana Court of Appeal affirmed class certification in a benzene exposure lawsuit, opining that the trial court's designation of exposure levels allows the plaintiffs to satisfy requirements of numerosity and typicality. Howard, et al. v. Union Carbide Corp, No. 04-CA-1035 (La. Ct. App.).

In a Feb. 15 decision affirming class certification of the case, the Court of Appeal also affirmed the trial court's decision to require a class member to show physical injury in order to recover for fear and fright damages.

The plaintiffs filed the class action complaint after an alleged roof collapse at a ...

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