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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A Louisiana state court has denied all exceptions filed by defendants in a benzene action, rejecting defense challenges on a number of grounds, including lis pedens, vagueness and ambiguity, prescription, and improper venue.
Houston Residents File Class Action Complaint, Say Local Plant Released Toxic Chemicals in Wake of Hurricane Harvey
Plaintiffs in Houston have filed a class action lawsuit against Arkema Inc., saying a release of toxic chemicals from the defendant’s plant in the wake of Hurricane Harvey has left local residents at an increased risk of bodily injury.
A class action lawsuit has been filed against several defendants, including DuPont, contending that the leak of harmful chemicals such as PFAS produced at a local facility has contaminated drinking water and increased the risk of local residents’ chances of developing illnesses.
Issue #153, September 2017
Defendants Named in Chemical Exposure Suit Oppose Proposed CMO; Say Plan Would Prevent Joint Mediation with Separate Case
Defendants named in a chemical exposure lawsuit have opposed the plaintiffs’ proposed case management order, saying the projected dates would prevent joint mediation between the instant case and a similar case also pending in the same district.
Another benzene defendant with claims pending in Pennsylvania state court has moved to reconsider earlier preliminary objections raised on personal jurisdiction grounds, saying recent U.S. Supreme Court decisions constitute an intervening change of law.
The 8th Circuit U.S. Court of Appeals has scheduled oral arguments in the appeal of a $1.76 million judgment that benzene defendants say should be overturned because crucial parts of the verdict form and instructions led to inconsistent findings of negligence.
Plaintiffs in the Roundup multidistrict litigation docket have filed a supplemental brief backing their decision to release certain documents to the public, arguing that the release was done after the dispute was over and resolved in favor of the plaintiffs.
Plaintiffs involved in the national coordinated docket for Roundup exposure claims has opposed a former EPA employee’s motion for attorneys’ fees, contending that there was a reasonable basis to move to compel him to answer questions relating to his post-EPA employment with chemical companies.
The 11th Circuit U.S. Court of Appeals has issued an order staying briefing, noting that the plaintiff wishes to apply for admission to the court’s bar or to appear pro hac vice in order to represent additional plaintiffs.
A former piano refurbisher has filed a benzene complaint in Illinois federal court, contending that he used benzene-containing products in the process of tuning and refurbishing pianos.