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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

Trial Expected to Begin this Month in California Roundup Personal Injury Suit

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.


Roundup MDL Plaintiffs File Notice of Order from State Court Denying Monsanto’s Daubert Challenges

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.


California State Court Rejects Monsanto’s Efforts to Exclude Testimony in Roundup Case

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.


Pa. Appellate Court Reverses Order Precluding Expert Testimony in Pesticide Exposure Case

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.”


Texas Appellate Court Reverses $7 Million Benzene Verdict, Renders Take-Nothing Judgment for DuPont

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.”


Pa. Jury Reaches Defense Verdict in Favor of U.S. Steel, Berryman at Conclusion of Benzene Trial

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.”


Iowa Federal Court Awards Summary Judgment in Benzene Case in Wake of 8th Circuit Opinion

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.


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