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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An Alabama federal court has dismissed remedy and trespass claims in a PFOA/PFOS water contamination lawsuit, finding that Alabama law does not recognize a cause of action for diagnostic testing with a present, physical injury.
N.C. Court Awards Summary Judgment to Sunoco, CRC Industries in Benzene Case; Denies Motion as to U.S. Steel
A North Carolina federal court has tossed benzene claims against several defendants, including CRC Industries and Sunoco, finding that the plaintiffs, in part, had failed to present sufficient evidence establishing a causal link between the defendant’s products and the plaintiffs’ development of AML.
Amici Groups File Brief in Support of Roundup Plaintiff, Cites ‘Credible Evidence’ that Product is Carcinogenic
Two non-profit organizations have filed an amici brief in support of a $80 million Roundup verdict, arguing that “significant flaws and biases undermined EPA’s evaluation of glyphosate’s carcinogenicity and the district court was correct in allowing testimony to that effect.”
A Roundup personal injury trial scheduled to begin on March 30 has been postponed as a result of the “national pandemic of the COVID-19 virus,” according to a docket entry.
Petitioners have asked the 9th Circuit to review an order of the U.S. Environmental Protection Agency (EPA) re-approving the herbicide glyphosate, calling the agency’s decision “half-completed, biased, and unlawful.”
Issue #183, March 2020
Dysol Moves for Summary Judgment in Aromatic Hydrocarbon Lawsuit, Says No Genuine Issue of Material Fact Exists
Dysol Inc. has moved for summary judgment in an aromatic hydrocarbon personal injury lawsuit, contending that the plaintiff has failed to meet her burden of proof and no genuine issue of any material fact exists with regard to exposure to a Dysol product.
DuPont Objects to Recommendation that Expert Testimony in Chemical Exposure Case Should Survive Challenges
DuPont has filed an objection to a report and recommendation in a chemical exposure lawsuit that rejected challenges to causation expert testimony, finding fault with the magistrate judge’s conclusion that any inferences made by the experts were “reasonable based on the literature.”
A Louisiana federal court has refused to reconsider an earlier order in which it retained jurisdiction over a benzene personal injury exposure lawsuit, concluding that the plaintiffs had failed to present any new legal or evidentiary arguments that would warrant disturbing the prior decision.
A Louisiana benzene plaintiff whose lawsuit was dismissed has filed an appeal with the 5th Circuit U.S. Court of Appeals, in which he will contest the lower court’s finding that the plaintiff’s reliance on an MSDS report on benzene and an informational paper on vinyl chloride was insufficient to meet the burden of either general or specific causation.
Roundup Plaintiff Files Brief in Appeal, Contests MDL Court’s Decision to Reduce $75 Million Punitive Damage Verdict
A plaintiff whose punitive damage verdict was reduced by the federal court overseeing the national Roundup multidistrict litigation docket has filed his brief contesting the reduction, as well as Monsanto’s assignments of error regarding the verdict, arguing that the company’s conduct was reprehensible and continues to threaten the health of millions of consumers.