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 Pennsylvania federal court has denied summary judgment motions filed by both the defendants and the plaintiff in a chemical exposure suit, finding in part that the claims are not barred by collateral estoppel.
Safety-Kleen Asks Pa. Court to Reconsider Objections to Jurisdiction in Benzene Suit, Point to BMS Decision
Safety-Kleen Systems Inc. has asked a Pennsylvania state court to reconsider a prior order overruling objections to personal jurisdiction in a benzene case, explaining that recent U.S. Supreme Court precedent proves that the defendant cannot be subject to jurisdiction in the state.
Plaintiffs in a benzene case have asked a Pennsylvania state court to order defendant Safety-Kleen to appear at an oral deposition, contending that responses to the notice of deposition and requests for documents are “long overdue.”
The parties involved in the multidistrict litigation docket relating to C-8 water contamination personal injury claims have filed a joint status report in the wake of a global settlement, indicating that the Master Settlement Agreement has been signed and executed by all parties.
A Missouri court has denied defense motions to dismiss radioactive exposure lawsuits as time-barred, finding that the amended complaints filed by the spouses of decedents relate back to the original lawsuits since they “arise out of the same operative facts as the original complaints.”
Monsanto is supporting a motion for emergency relief filed in the national coordinated docket for Roundup personal injury claims, maintaining that plaintiffs’ counsel understood the court’s prior rulings on confidentiality designations and “simply chose to disregard them.”
Rust-Oleum has asked a Pennsylvania state court to award it summary judgment in a benzene case, maintaining that the plaintiffs have failed to properly establish that the defendant’s product actually contained benzene.
A Louisiana federal court has remanded a benzene lawsuit, finding that a magistrate judge correctly allowed the plaintiff to amend his suit, which now successfully levies claims against the sole non-diverse defendant.
Issue #151, July 2017
Monsanto Drops Appeal of Order Remanding Roundup Case That Found Plaintiffs Weren’t Saying Defendant Colluded with EPA
Defendants involved in the Roundup multidistrict litigation docket have dropped an appeal of an order granting a motion to remand, according to recent court documents.
An advertising agency named as a defendant in the ongoing national coordinated docket for Roundup personal injury claims has moved to dismiss, saying that the plaintiffs cannot succeed on their claims against a company “that did nothing more than promote the allegedly defective product.”