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 Ohio appellate court has affirmed the dismissal of benzene personal injury claims against Safety-Kleen, citing the plaintiff’s “inability to comply with trial court orders regarding the case schedule and the threshold issue of product identification.”
Plaintiffs in Securities Class Action Suit Against Monsanto, Bayer Back Inclusion of Case in MDL Docket
Plaintiffs with a securities class action lawsuit pending against Monsanto and Bayer have supported efforts to have the case included in the national multidistrict litigation docket for Roundup personal injury claims, maintaining that the MDL Court has a “unique familiarity” with the facts that will overlap with those in the instant lawsuit.
Issue #187, July 2020
Pa. Sup. Court Affirms Order Reinstating Pesticide Exposure Claims, Says Defendants Can Renew Frye Challenges on Remand
The Pennsylvania Supreme Court has affirmed a lower court order reinstating pesticide exposure claims, agreeing that the trial court had overstepped its role of gatekeeper when assessing Frye admissibility challenges.
A Nebraska federal court has awarded summary judgment to Union Pacific Railroad Company in a toxic exposure lawsuit, finding that while the expert proffered by the plaintiff is “not doubt qualified” to offer his opinion, he cannot “offer scientifically reliable opinions when he lacks the relevant facts.”
A North Carolina federal court has weighed in on the admissibility of experts in a benzene exposure lawsuit, prohibiting the specific causation testimony of Peter F. Infante and the entire testimony of Stephen Petty.
Legislators in New York have approved a bill that would ban the use of glyphosate-containing herbicide or pesticide products on state property.
A California appellate court has affirmed a Roundup verdict entered in favor of the plaintiffs, but reduced a nearly $80 million judgment further to a total of just over $20 million, concluding in part that Monsanto had “not established reversible error in the liability phase of trial.”
The presiding judge overseeing the Los Angeles Superior Court has issued a general order continuing all civil jury trials, stating that it will not set any such trials before January 2021.
A Nebraska federal court has rejected challenges to expert testimony in a benzene exposure case against BNSF Railway Co., finding in part that one of the expert’s methodology was “reasonable in light of his expertise in the fields of industrial and environmental hygiene.”
PFOA/PFOS MDL Court Holds Meeting on Non-MDL Water Contamination Case Scheduled to Begin Trial Shortly
The federal court overseeing the national multidistrict litigation docket for PFOA/PFOS water contamination claims has taken notice of a similar case asserted against the United States pending in the U.S. Court of Federal Claims that is slated to begin trial shortly.