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 California jury has awarded $289 million to a plaintiff at the conclusion of the first Roundup personal jury trial, accepting the plaintiff’s claims that his non-Hodgkin’s lymphoma was caused by using the herbicide containing glyphosate.
Issue #163, July 2018
A trial involving Monsanto’s Roundup is entering its fourth week, during which jurors will continue to hear arguments from the plaintiff that his non-Hodgkin’s lymphoma was caused by using the herbicide containing glyphosate.
U.S. Steel Corp. has filed a brief supporting a defense verdict in a benzene case, arguing that the plaintiff’s efforts to obtain post-trial relief should be rejected since the court properly allowed the jury to decide what facts of the plaintiffs’ testimony were credible.
A Pennsylvania state court has granted a defense motion to dismiss a benzene case on forum non conveniens grounds, agreeing with CRC Industries that North Carolina is a more appropriate forum for the proceedings.
A plaintiff appealing the dismissal of her Camp Lejeune water contamination claims has filed an appellate brief with the 11th Circuit U.S. Court of Appeals, contending that her complaint included allegations that would confer subject matter jurisdiction.
Defendants in a benzene action have moved for summary judgment arguing in part that the plaintiff’s alleged illness –– chronic myelogenous leukemia –– has no recognizable external cause.
Opening arguments began this week in a Roundup personal injury suit against Monsanto, kicking off the first trial in which glyphosate exposure claims will be heard by a jury.
Roundup MDL Court Rejects Daubert Challenges to General Causation, Cautions Plaintiffs Against Relying Solely on IARC Findings
The federal court overseeing the national multidistrict litigation docket for Roundup personal injury claims has ruled in favor of the plaintiffs in the wake of Daubert hearings on general causation, concluding that testimony of three of the experts, “while shaky,” is “directly on topic” and admissible.
Issue #162, June 2018
Plaintiffs on the losing end of a benzene trial have filed a motion for post-trial relief saying that a new trial is warranted because the court erred on several occasions, including when it entered a partial directed verdict on the issue of causation.
Benzene Defendant Supports Motion for Summary Judgment, Attacks Plaintiffs’ Reliance on ‘Any Exposure’ Evidence
A defendant named in a benzene exposure action has backed its efforts to toss the claims, saying that the plaintiffs cannot rely on “any exposure” evidence since that theory of specific causation has been rejected by the Pennsylvania Supreme Court.