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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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Current Issue

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.


Roundup MDL Court Continues Daubert Hearing in Light of Recent Glyphosate Study

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.


Louisiana Benzene Plaintiffs Move to Remand Case, Say Removal was Untimely

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.


Illinois Federal Court Releases Scheduling Order in Benzene Case Filed by Piano Refurbisher

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.


Former Tire Manufacturing Employee Files Benzene Complaint in Wisconsin Federal Court

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.


South Carolina Jury Reaches Defense Verdict for Ford Motor Co. in Benzene Case

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.


8th Circuit Holds Oral Arguments, Hears Defense Challenges to $1.76 Million Benzene Judgment

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.


11th Circuit Denies Plaintiff’s Application to Appear Pro Hac Vice in Camp Lejeune Appeal

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.


Pa. Court Weighs in on Objections Filed in Aromatic Hydrocarbon Suit Filed by Former Pressman

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.


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