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 Nebraska federal court has denied efforts by two benzene plaintiffs to amend their deemed admissions, noting it has “repeatedly” advised counsel for the plaintiffs in the cases that they must be “litigated in a timely fashion.”
Defendants named in a diacetyl flavoring exposure lawsuit have removed the case to Pennsylvania federal court, arguing that complete diversity of citizenship exists in the case and, as such, removal is appropriate.
The federal court overseeing the national multidistrict litigation docket for C-8 water contamination personal injury claims has vacated a November trial setting, instead rescheduling the January setting as a consolidated trial.
Calling their motion for sanctions “straightforward,” plaintiffs with claims pending in the C-8 water contamination have filed a reply brief supporting their original position that DuPont continued with a deposition in violation of court orders.
Plaintiffs with claims pending in the C-8 water contamination multidistrict litigation docket have filed a reply brief supporting their efforts to obtain summary judgment on the grounds of issue preclusion and collateral estoppel, maintaining that re-litigating the issues is an inefficient use of judicial resources and “will only serve to delay these proceedings.”
U.S. Steel has filed a motion to dismiss a benzene complaint, contending that the claims are time barred since they were filed six years after the causes of action accrued.
A South Carolina federal judge has signed off on a settlement agreement between the parties remaining in a benzene exposure lawsuit totaling $695,000, according to a recent order.
The U.S. Judicial Panel on Multidistrict Litigation has denied efforts to create a second Camp Lejeune water contamination multidistrict litigation docket, finding that voluntary coordination amongst the parties and involved courts is preferable to centralization.
Issue #177, September 2019
The Science Day in the PFOA and PFOS multidistrict litigation docket has been rescheduled for Oct. 4, according to a recent notice, having been rescheduled from its original September setting for weather-related issues.
DuPont and Chemours Resists Efforts to Be Added as Defendants in PFOA/PFOA Water Contamination Suits
DuPont and The Chemours Co. have opposed efforts by plaintiffs with claims pending in the PFOA/PFOS water contamination multidistrict litigation docket to amend their complaints to include the companies as defendants, maintaining that doing so “would cause undue prejudice” to the parties.