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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Del. Court Denies Motion to Dismiss in Benzene, Chemical Exposure Case Filed by Former Railroad Employee
A Delaware court has denied a motion to dismiss filed by a defendant in a toxic substance exposure case, finding that the plaintiffs had adequately pled their claims and had sufficiently established that the discovery rule was applicable.
The federal court overseeing the national coordinated docket for Roundup personal injury claims has continued the Daubert hearing scheduled for December in light of the release of a what Monsanto called the “largest epidemiological study of the potential association” between glyphosate-based herbicides and cancer.
Benzene plaintiffs have asked a Louisiana federal court to remand their claims, contending that the case was not timely removed and that they have adequately pled strict liability and negligence claims against the in-state defendant, according to a recent motion.
The Illinois federal court overseeing a benzene action have released an order outlining deadlines for the case, asking the parties to respond to written discovery requests by Dec. 22.
Two Wisconsin residents have filed a benzene complaint in federal court, contending that exposure to benzene-containing products at a tire manufacturing facility caused one of them to develop MDS.
A South Carolina jury has reached a defense verdict for Ford Motor Co. in the retrial of a former automotive mechanic who claimed that he developed multiple myeloma as a result of exposure to benzene in the company’s lubricant products.
Issue #154, October 2017
Roundup MDL Court to Oversee Daubert Hearings in December; Invites State Court Judges to Participate
The federal court overseeing the national coordinated docket for Roundup personal injury claims has scheduled Daubert hearings for Dec. 11, according to a recent pretrial order, and has invited all judges “presiding over parallel litigation in state courts throughout the country” to participate in the week’s events.
The 8th Circuit U.S. Court of Appeals has heard oral arguments and is now weighing defense challenges to a $1.76 million judgment entered in a benzene case last year.
The 11th Circuit U.S. Court of Appeals has denied the pro hac vice application of a plaintiff appealing the dismissal of his Camp Lejeune water contamination claims, saying his application for admission to the bar was denied.
A Pennsylvania state court overseeing an aromatic hydrocarbon exposure suit has overruled objections filed by one of the defendants, rejecting CRC Industries’ stance that the plaintiff’s allegations were impermissibly vague and nonspecific.