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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Trial is expected to begin this month in a Roundup personal injury suit against Monsanto, sources told HarrisMartin, with a hearing to assign a trial judge to the proceedings scheduled for June 18.
Issue #161, May 2018
Pa. State Court Denies Defense Motion for Judgment, Says More Discovery Needed on Issue of Successor Liability
A Pennsylvania state court has denied an aromatic hydrocarbon defendant’s motion for judgment on the pleadings, rejecting the defendant’s contention that it could not be held liable as a successor corporation.
Plaintiffs with claims pending in the national coordinated multidistrict litigation docket for Roundup personal injury claims have filed a notice of supplemental authority, pointing the MDL Court to an order recently entered in which a state court denied Monsanto’s challenges to expert testimony.
A California statue court has denied Monsanto’s efforts to obtain summary judgment in a Roundup exposure lawsuit, finding that the plaintiff had proffered expert testimony sufficient to satisfy both general and specific causation.
A Pennsylvania appellate court has reversed an order excluding plaintiff expert testimony in a pesticide exposure suit, finding that the trial court’s Frye analysis was “overly expansive.”
A Texas appellate court has reversed a $7 million benzene verdict entered against DuPont, finding in part that dose exposure testimony relied upon by the plaintiffs was not reliable.
Plaintiffs Oppose Summary Judgment Motions in Ortho-Toluidine Case, Say Defendants Never Tested Product
Plaintiffs asserting claims relating to ortho-toluidine exposure have filed an opposition brief contesting recent defense motions for summary judgment, maintaining that the defendants had the capability of performing testing on the chemical but chose not to do so, despite “numerous red lights flashing which indicated that this chemical needed to be investigated.”
A Pennsylvania jury has reached a defense verdict in favor of U.S. Steel Corp. and Berryman Products Inc. at the conclusion of a benzene trial, rejecting the plaintiffs’ claims that exposure to solvents caused the decedent to develop aplastic anemia.
Issue #160, April 2018
Benzene Defendant Defends Motion for Judgment on the Pleadings, Maintains Company Never Assumed Operations of Predecessor
A defendant named in an aromatic hydrocarbon exposure suit has filed a reply brief supporting its motion for judgment on the pleadings, maintaining that “there is no basis for liability merely because one company assumed the operations of another company.”
An Iowa federal court has awarded summary judgment to defendants named in a benzene exposure lawsuit in the wake of an 8th Circuit opinion determining that the court should have originally granted the defendants’ motion since the lawsuit was discharged in bankruptcy.