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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Ill. Appellate Court Reverses Dismissal of Benzene Suit on Timeliness Grounds, Says ‘Factual Issues Remain’
An Illinois appellate court has reversed a court order dismissing benzene claims on statute of limitations grounds, finding that the lower court failed to consider the factual circumstances surrounding the decedent’s prior actions.
An Indiana federal court has ordered the plaintiffs in a food flavorings exposure lawsuit to file a supplemental jurisdictional statement that properly alleges the citizenship of two defendants named in the complaint, citing the “importance of determining the Court’s jurisdiction to hear this case.”
A Pennsylvania federal court has retained jurisdiction over a chemical exposure lawsuit, finding that general jurisdiction existed by virtue of its registration as a foreign corporation in Pennsylvania.
Plaintiffs in a chemical exposure action pending in West Virginia have supported their claim against an in-state defendant, maintaining that the company was not fraudulently joined in the action.
A New York court has rejected challenges to a benzene personal injury lawsuit, finding that the plaintiffs’ amended complaint asserted facts sufficient to support breach of implied warranty, fraudulent misrepresentation, and punitive damage claims.
The parties involved in the national Roundup personal injury multidistrict litigation have filed a letter with the MDL Court, stating that the Plaintiffs’ Steering Committee and Monsanto have agreed to establish a Wave III.
Roundup MDL Court Refuses to Allow Plaintiff Firm Representing Medical Monitoring Cases to Participate in Mediation with Monsanto
The federal court overseeing the coordinated multidistrict litigation docket for Roundup personal injury claims has denied efforts by plaintiffs’ firm Fegan Scott to obtain a “seat at the table for court-ordered mediation,” saying that the firm’s representation of medical monitoring plaintiffs is not enough to justify inclusion.
Issue #184, April 2020
Plaintiffs in Chemical Exposure Lawsuit Oppose DuPont’s Objections to Recommendation Allowing Testimony to Proceed
Plaintiffs with claims pending in a chemical exposure lawsuit have opposed DuPont’s objections to a report and recommendation rejecting challenges to causation expert testimony, saying the arguments presented in the objection are the same ones found in the defendants’ original briefings.
A Nebraska federal court has excluded the testimony of two plaintiff experts in a chemical and asbestos exposure lawsuit, finding that their opinions were based solely on exposure calculations for residents of a different state and for workers with similar job titles.
The Boeing Company has removed several circuit board chemical exposure suits, saying that the plaintiffs fraudulently included an in-state company as a defendant in the action.