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.



Issue #185, May 2020

Ind. Court Asks Plaintiffs in Food Flavorings Suit to File Supplemental Jurisdictional Statement

An Indiana federal court has ordered the plaintiffs in a food flavorings exposure lawsuit to file a supplemental jurisdictional statement that properly alleges the citizenship of two defendants named in the complaint, citing the “importance of determining the Court’s jurisdiction to hear this case.”

Pa. Court Retains Jurisdiction over Chemical Exposure Personal Injury Case

A Pennsylvania federal court has retained jurisdiction over a chemical exposure lawsuit, finding that general jurisdiction existed by virtue of its registration as a foreign corporation in Pennsylvania.

Chemical Exposure Plaintiffs in West Virginia Seek Remand, Justify Claim Against In-State Defendant

Plaintiffs in a chemical exposure action pending in West Virginia have supported their claim against an in-state defendant, maintaining that the company was not fraudulently joined in the action.

N.Y. Court Allows Benzene Claims to Proceed, Limits Breach of Implied Warranty Cause of Action

A New York court has rejected challenges to a benzene personal injury lawsuit, finding that the plaintiffs’ amended complaint asserted facts sufficient to support breach of implied warranty, fraudulent misrepresentation, and punitive damage claims.

Parties in Roundup MDL Send Letter to Judge, Indicate Agreement to Establish Wave III

The parties involved in the national Roundup personal injury multidistrict litigation have filed a letter with the MDL Court, stating that the Plaintiffs’ Steering Committee and Monsanto have agreed to establish a Wave III.

Roundup MDL Court Refuses to Allow Plaintiff Firm Representing Medical Monitoring Cases to Participate in Mediation with Monsanto

The federal court overseeing the coordinated multidistrict litigation docket for Roundup personal injury claims has denied efforts by plaintiffs’ firm Fegan Scott to obtain a “seat at the table for court-ordered mediation,” saying that the firm’s representation of medical monitoring plaintiffs is not enough to justify inclusion.

Issue #184, April 2020

Plaintiffs in Chemical Exposure Lawsuit Oppose DuPont’s Objections to Recommendation Allowing Testimony to Proceed

Plaintiffs with claims pending in a chemical exposure lawsuit have opposed DuPont’s objections to a report and recommendation rejecting challenges to causation expert testimony, saying the arguments presented in the objection are the same ones found in the defendants’ original briefings.

Neb. Court Excludes Testimony of Experts in Asbestos, Chemical Case, Awards Summary Judgment

A Nebraska federal court has excluded the testimony of two plaintiff experts in a chemical and asbestos exposure lawsuit, finding that their opinions were based solely on exposure calculations for residents of a different state and for workers with similar job titles.

Boeing Company Removes Lawsuits Alleging Injury from Chemicals Used in Circuit Board Printing

The Boeing Company has removed several circuit board chemical exposure suits, saying that the plaintiffs fraudulently included an in-state company as a defendant in the action.

California Appellate Court Sets Oral Argument for June in Appeal of $289 Million Roundup Verdict

A California appellate court set to weigh in on efforts to reverse a $289 million Roundup verdict will hear oral arguments on Tuesday, June 2, according to an oral argument notice issued by the court.

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