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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

Neb. Court Grants Summary Judgment to Union Pacific Railroad on Statute of Limitations Grounds

A Nebraska federal court has granted Union Pacific Railroad Company’s motion for summary judgment in a toxic exposure FELA action, finding that the plaintiff knew the essential facts necessary to impose a duty on him to investigate any potential work-related cause of the decedent’s cancer.


Neb. Court Denies Challenges to Toxic Exposure, Benzene Cases Against Union Pacific Railroad

A Nebraska federal court has denied challenges to the admissibility of expert testimony in a toxic exposure case against Union Pacific Railroad Co., finding that the defendant’s showing “presents a classic battle of the experts.”


Calif. Court Grants Request to Permanently Enjoin Prop 65’s Warning Requirement as to Glyphosate

A California federal court has issued an order making its preliminary injunction permanent with regard to including glyphosate on the state’s Proposition 65 list.


Bayer Announces Roundup Settlement Totaling Up to $10.85 Billion

Bayer has announced that it will resolving “major outstanding Monsanto litigation,” including the Roundup product liability litigation, putting aside up to $9.6 billion to resolve the current claims and an additional $1.25 billion to address potential future litigation.


Wash. Federal Court Remands Circuit Board Chemical Exposure Cases Against Boeing

A Washington federal court has remanded three chemical exposure personal injury actions filed against The Boeing Company, concluding in separate opinions that there is not complete diversity in the cases and that they belong in state court.


Calif. Appellate Court Oversees Oral Arguments in Appeal of $289 Million Roundup Verdict

A California appellate court recently oversaw oral arguments in the appeal of a $289 million Roundups verdict, hearing arguments telephonically as a result of COVID-19 restrictions.


N.Y. Court Denies Defense Challenges to Benzene Lawsuit, Allows for Jurisdictional Discovery

A New York court has allowed a benzene exposure lawsuit to proceed, for now rejecting defense challenges to jurisdiction without prejudice, with allowance for renewal following the completion of jurisdictional discovery.


Roundup MDL Judge Signs Order Establishing Wave III; Plaintiffs Choose Hawaii, Monsanto Selects Texas for Case Pool

The federal judge overseeing the national coordinated multidistrict litigation docket for Roundup personal injury claims has signed an order granting a joint request for establishment of Wave III with deadlines, saying that he had reviewed the request and “found good cause” to grant it.


Monsanto Co. Submits Reports in Roundup MDL Docket Contesting Jurisdiction in 16 Cases

Monsanto Co. has submitted a report to the national court overseeing the coordinated multidistrict litigation docket for Roundup personal injury claims contesting jurisdiction in 16 cases, explaining that the plaintiffs had not alleged any connection between their claims and California.


Issue #185, May 2020

Ill. Appellate Court Reverses Dismissal of Benzene Suit on Timeliness Grounds, Says ‘Factual Issues Remain’

An Illinois appellate court has reversed a court order dismissing benzene claims on statute of limitations grounds, finding that the lower court failed to consider the factual circumstances surrounding the decedent’s prior actions.


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VERDICTRACK

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