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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Calif. Appellate Court Reaffirms Position on Applicability of Component Parts Doctrine to Silica Lawsuit
A California appellate court has affirmed its position that two silica defendants were not entitled to summary judgment, explaining that recent guidance from the state’s highest court supports its prior position that the component parts doctrine does not bar claims in which the plaintiff alleged that the silica sand itself was harmful.
Issue #146, February 2017
A New Hampshire federal court overseeing a water contamination case has refused to reconsider a motion to remand, rejecting the plaintiffs’ stance that when a proposed class is discrete in nature, a common sense presumption should be used to determine whether citizenship requirements have been met.
The parties involved in the C-8 water contamination personal injury multidistrict litigation docket have reached a global settlement, according to an order issued by the federal court that has overseen the docket for the last four years.
La. Federal Court Retains Jurisdiction Over Benzene Case, Says Plaintiffs Failed to Establish Negligence Claim Against Non-Diverse Defendant
A Louisiana federal court has denied a motion to remand filed in a benzene case, concluding that the allegations contained in the complaint are insufficient to state a negligence claim against the lone non-diverse defendant named in the complaint.
New Complaint Filed in Louisiana Federal Court, Says Plaintiff Developed Lymphoma as a Result of Chemical Exposure
A Louisiana couple has filed a complaint in federal court contending that his work for more than 40 years in the chemical industry caused him to develop cancer.
Benzene Defendants File Reply Brief in Appeal of $1.76 Million Judgment, Say ‘Not Substantial Evidence’ to Support Verdict
Benzene defendants against whom a $1.76 million judgment was entered have filed their appellate brief, saying that crucial portions of the verdict form and instructions that led to inconsistent findings that the defendants were negligent.
Parties in Roundup MDL Submit Briefing on EPA, IARC’s Methods, Studies, Conclusions Relating to General Causation
Parties involved in the national coordinated multidistrict litigation docket for Roundup personal injury claims have submitted briefing on alleged flaws and/or biases in EPA or IARC methods, studies, reports, or conclusions that are relevant to general causation, with the plaintiffs backing the IARC’s methods and the defendant arguing that neither entity answers the question of scientific causation central to the cases.
The federal court overseeing the national coordinated multidistrict litigation docket for Roundup personal injury claims has scheduled a “Science Day” for Feb. 27, saying that it will offer an “informal overview of the basic science underpinning the parties’ dispute.”
Jury Finds for Exxon, Tilcon at Conclusion of Benzene Trial Involving Asphalt, Gasoline Products; Chevron’s Motion for Directed Verdict Granted
A jury has reached a defense verdict in a benzene exposure case, rejecting the plaintiff’s contention that the decedent developed acute myelogenous leukemia as a result of using asphalt, gasoline and diesel fuel products he encountered during his employment with a local public works department.
An Indiana federal court has rejected a defendant’s effort to institute a Lone Pine order in a groundwater contamination suit, finding that the defendant had failed to show that the plaintiffs could not present sufficient medical causation to support their claims.