Benzene & Emerging Toxic Torts Litigation
HarrisMartin's Benzene & Emerging Toxic Torts Litigation Report will track recent developments in litigation stemming from exposure to benzene, as well as a number of other emerging areas of toxic tort litigation, such as talc, silica, pesticides and other chemical exposures.
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A Pennsylvania federal court has dismissed American Overseas Marine Corp. and General Dynamic Corp. from a benzene exposure suit, concluding that the defendants’ relationship with the government provides the companies with a colorable federal immunity defense.
La. Court Reverses Dismissal of Exxon Mobil from Benzene Suit, Says Plaintiffs Satisfied Intentional Tort Exception
A Louisiana appellate court has reversed the dismissal of Exxon Mobil from a benzene exposure suit, saying the plaintiffs’ amended complaint sufficiently pled the intent element of the tort of battery, thereby qualifying for the intentional tort exception to the Louisiana Workers’ Compensation Act.
A benzene case against Ford Motor Co. has been reset for trial in July, five months after a mistrial was declared as a result of a Sheriff’s Office deputy’s discussions about the case with jurors in a parking lot outside the courthouse, sources told HarrisMartin.
A new solvent exposure lawsuit has been filed in Pennsylvania state court, with the plaintiffs alleging that use of aromatic hydrocarbon- and chlorinated hydrocarbon-containing solvents used in the printing process caused the decedent to develop bladder cancer.
Kentucky Federal Court Awards Summary Judgment to Defendants in Benzene Suit, Says Claims are Time-Barred
A Kentucky court has awarded summary judgment to Gates Rubber Co. in another chemical exposure suit, ruling that the plaintiff had failed the underlying action more than two years after the limitations period has expired.
Issue #147, March 2017
The court overseeing the national coordinated docket for personal injury claims arising from alleged exposure to C-8 has granted a motion to stay filed in a case that recently ended in a $12.5 million verdict, a stay which DuPont sought in light of the recently reached global settlement.
A multi-plaintiff Roundup complaint has been filed against Monsanto in California state court, with the plaintiffs contending that exposure to glyphosate caused them to develop non-Hodgkin’s lymphoma.
The court overseeing the national coordinated docket for Roundup personal injury claims has released a pretrial order in which it outlined the role of certain EPA and IARC documents relating to the litigation and weighed in on the scope of deposition of an EPA employee.
A Pennsylvania has denied defense efforts to transfer a benzene action to New York, saying that the state in which the case was filed was an “appropriate and convenient forum to host this litigation.”
An April trial date has been scheduled for a benzene case in which a U.S. Marine Corps veteran contended that he developed AML as a result of exposure to benzene-containing products he used while serving.