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.



Current Issue

Non-Profit Group: PFAS Contamination of Drinking Water ‘Far More Prevalent than Previously Reported’

Drinking water in a number of major United States cities is contaminated with detectable levels of PFAS chemicals, at a rate “far more prevalent than previously reported,” according to a report from a non-profit organization.

Monsanto Co. Files Brief Supporting Motion to Toss Roundup Plaintiff Expert’s Testimony

Monsanto Co. has filed a reply brief supporting its motion to toss the testimony of Dr. William R. Sawyer in a Roundup personal injury lawsuit, saying that the expert lacks the qualifications to conduct a differential diagnosis.

Neb. Court Tosses Chemical Exposure Lawsuit, Says Claims Barred by Statute of Limitations

A Nebraska federal court granted a motion to dismiss in a chemical exposure lawsuit, finding the claims were barred by the statute of limitations since the plaintiff did not file the claims until six years after his diagnosis.

Issue #180, December 2019

C-8 January Trial Plaintiffs Seek Continuance, Cite Possible Prejudice from Feature Film Dark Waters

Plaintiffs with claims C-8 personal injury claims set to be tried in January have asked the federal court overseeing the multidistrict litigation docket to adjourn the trials, citing possible prejudice associated with the release of the feature film Dark Waters.

C-8 MDL Court Issues Pretrial Orders, Rejects DuPont’s Challenges to Expert Testimony, Specific Causation

The MDL Court overseeing the C-8 personal injury multidistrict litigation docket has denied DuPont’s challenge to the plaintiffs’ expert testimony and motion for summary judgment on specific causation in cases set for trial in 2020, according to recent orders.

DuPont Appeals C-8 MDL Court’s Order on Collateral Estoppel, Says Decision ‘Strips DuPont of Basic Defenses’

DuPont has appealed a recent court order issued by the federal court overseeing the national multidistrict litigation docket for C-8 personal injury claims awarding plaintiffs summary judgment on the application of collateral estoppel to certain issues, arguing that it “strips DuPont of its basic defenses in impending trials and all current and future cases in this MDL and purports to foreclose DuPont’s rights of appeal.”

Md. Court Denies Summary Judgment in Benzene Case for U.S. Steel, Says Discovery Rule Applies

A Maryland federal court has denied summary judgment on statute of limitations grounds for U.S. Steel in a benzene exposure case, opining that while the plaintiff knew that he had been exposed to solvents and inks, he did not have sufficient information to prompt an investigation into the cause of his unspecified bone marrow failure disorder.

Fleurchem Moves to Dismiss Flavorings Exposure Claims Against It, Says Jurisdiction Lacking

Fleurchem Inc. has filed a motion to dismiss a flavorings complaint for lack of personal jurisdiction, maintaining that it is not “at home” in Iowa and did not sell any products to the production plant at which the plaintiffs worked.

Parties in Diacetyl Personal Injury Suit Exchange Briefing on Jurisdiction, Diversity of Parties

Defendants named in a diacetyl personal injury lawsuit have defended their removal of the case to federal court, maintaining that the plaintiff has confused the Kraft Heinz Company with Kraft Heinz Ingredients Corp. in attempting to prove that complete diversity does not exist between the parties.

Butter Flavorings Lawsuit Back in South Carolina, Where Illinois Court Says Venue is Proper

A butter flavorings personal injury lawsuit is back in South Carolina after an Illinois federal court determined that the former state was the most appropriate venue to oversee the claims.

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