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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Issue #172, April 2019
Neb. Court Denies Motion to Dismiss, Allows Benzene Plaintiff Time to Obtain Appointment as Personal Representative
A Nebraska federal court has refused to dismiss a benzene exposure lawsuit, saying that although the decedent’s husband admitted that he had not been appointed the personal representative of his wife’s estate, the plaintiff is permitted a “reasonable time for substitution has been allowed.”
Roundup MDL Court Vacates Second Bellwether Trial Setting, Says Resources Better Spent on Organizing Remaining Cases
A trial setting has been vacated for what was slated to be the second Roundup personal injury bellwether case to proceed to trial in the national multidistrict litigation docket, as the MDL Court found that “the resources of the parties and the Court are better spent organizing the remaining cases in the MDL.”
Parties in a Roundup exposure case scheduled as a bellwether trial have exchanged briefing on the timeliness of the underlying claims, with Monsanto maintaining that the claims are barred under the discovery rule of the state’s two-year statute of limitations.
A California jury has awarded more than $21 million to the families of two brothers who allegedly were exposed to benzene-containing products during their employment at a tire manufacturing company and subsequently developed cancer.
The federal court overseeing the PFOA and PFOS foam multidistrict litigation docket has announced organization of the both plaintiffs’ and defense counsel, appointing Michael A. London of Douglas & London, Paul J. Napoli of Napoli Shkolnik, and Scott Summy of Baron & Budd as plaintiffs’ co-lead counsel and Joseph G. Petrosinelli of Williams Connolly and Michael A. Olsen of Mayer Brown as the defendants’ co-lead counsel.
Issue #171, March 2019
Ark. Appellate Court Reverses Summary Judgment for Union Pacific, Asks for Clarification on Prior Release
An Arkansas appellate court has reversed an award of summary judgment to Union Pacific in a toxic chemical exposure lawsuit, asking the lower court for clarification on whether it applied the known-risk standard when finding that a prior release barred the claims.
HarrisMartin: Roundup Jury Awards $80 Million at Conclusion of Phase II, Says Monsanto is Liable for Injuries
A California jury has found for the plaintiffs at the conclusion of the second phase of the bellwether Roundup personal injury trial in the national multidistrict litigation docket, awarding more than $80 million in punitive damages after finding Monsanto was liable for the plaintiff’s injuries, HarrisMartin Publishing is reporting.
Monsanto Moves for Judgment as a Matter of Law, Directed Verdict at Close of Roundup Bellwether Trial
Monsanto has moved for judgment as a matter of law and for a directed verdict at the close of the second phase in the Roundup bellwether trial taking place in the national multidistrict litigation docket, arguing that the plaintiffs had failed to present evidence sufficient to support their design defect, failure-to-warn, and punitive or compensatory damage claims.
MDL Court Denies Monsanto’s Motion for Directed Verdict in Bellwether Roundup Trial; Jury to Resume Deliberations Friday
The federal court overseeing the first Roundup personal injury trial to take place in the national multidistrict litigation docket has denied Monsanto’s motion for a directed verdict, rejecting the defendant’s position that the plaintiff had failed to present sufficient evidence supporting his claim that Roundup exposure can cause non-Hodgkin’s lymphoma.
HarrisMartin: Jury Finds for Plaintiff at Conclusion of Phase I in Roundup Trial; Triggers Second Phase on Liability and Damages
A California jury has found for the plaintiffs at the end of Phase I in the bellwether Roundup personal injury trial in the national multidistrict litigation docket, triggering a second phase on liability and damages, HarrisMartin is reporting.