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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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Current Issue

Texas Jury Awards $1 Million at Conclusion of Spray Foam Insulation Property Damage, Personal Injury Trial

A Texas jury has awarded more than $1 million at the conclusion of a spray foam insulation case in which the plaintiffs alleged that they were exposed to toxic chemicals during the installation of spray polyurethane foam insulation in their home.


Pa. Court Denies Motion for Summary Judgment in Beryllium Take-Home Exposure Suit

A Pennsylvania federal court has denied a motion for summary judgment in a beryllium exposure take-home exposure lawsuit, concluding that a girlfriend making frequent visits “is not as a matter of law too remote to entail foreseeability and create a duty.”


10th Circuit Says Plaintiff Knew of Potential Link Between Exposure and Cancer More than 2 Years Before Filing Suit

A federal appellate court has affirmed the dismissal of benzene claims as time-barred, finding that the plaintiff’s involvement in a class action lawsuit years earlier and his physician’s indication that his cancer could be related to chemical exposure were enough to put the plaintiff on notice that he had a cause of action against ConocoPhillips Co.


Pa. Federal Court Denies U.S. Steel’s Efforts to Toss Battery, Punitive Damage Claims in Benzene Suit

A Pennsylvania federal court has denied U.S. Steel’s efforts to toss battery and punitive damage claims asserted in a benzene complaint, finding that the complaint sufficiently detailed the defendant’s allegedly harmful conduct.


10th Circuit Affirms Dismissal of Benzene Claims Against ConocoPhillips as Time-Barred

The 10th Circuit Court of Appeals has affirmed the dismissal of benzene claims as time-barred, agreeing with the District Court that the plaintiffs had failed to outline why they were unable to discover the cause of the alleged injury before 2015.


Issue #158, February 2018

Roundup MDL Parties Outline Differences on Questioning Format for Upcoming Daubert Hearing

The parties involved in the national multidistrict litigation docket for Roundup personal injury claims have submitted a letter to the MDL Court outlining their different positions on the format for questioning in an upcoming Daubert hearing.


Missouri Court Remands Roundup Suit, Says Monsanto Engaged in ‘Procedural Gamesmanship’ by Removing Claims

A Missouri federal court has granted a Roundup plaintiff’s motion to remand, opining that the defendant engaged in “procedural gamesmanship” when removing the case before the plaintiff had sufficient time to serve Monsanto.


Ill. Court Denies Plaintiff’s Motion for Summary Judgment in Groundwater Contamination Suit

An Illinois federal court has denied a plaintiff’s motion for summary judgment in a soil and groundwater contamination suit, saying that the plaintiff has failed to prove that the benzene and vinyl chloride levels triggered any obligations under Indiana law.


DuPont, First Chemical Corp. Move for Summary Judgment, Say They Were Bulk Supplier of Chemicals

Defendants named in a chemical exposure lawsuit have filed a motion for summary judgment, contending that, as a bulk supplier of the chemical, they did not have a duty to warn or instruct the plaintiff on the alleged dangers.


C-8 Parties Submit Status Report, Say Phase One Award Allocated to All 3,500 Eligible Claimants

A Phase One Award was allocated to all 3,579 eligible claimants asserting C-8 water contamination personal injury claims, representing the full gross amount available within the Phase One payments account, according to a status report.


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