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 #174, June 2019

Del. Court Weighs in on Admissibility of Experts in Roundup Cases, Says Monsanto Not Entitled to Summary Judgment

A Delaware state court has weighed in on the admissibility of experts in Roundup personal injury exposure lawsuits, finding that while the testimony of two plaintiff experts was inadmissible, Monsanto was still not entitled to summary judgment.

Roundup MDL Judge Outlines Plan for Remand of Cases Back to Home Districts

The federal judge overseeing the national coordinated docket for multidistrict litigation claims relating to Roundup has outlined his plan for preparing cases for transfer back to home districts, saying the first wave will consist of cases governed by California and Nebraska law.

Missouri Court Rejects Efforts to Transfer Venue in Roundup Case, Says Case Distinguishable from Recent High Court Ruling

A Missouri state court has once again denied Monsanto’s efforts to transfer venue of non-St. Louis plaintiffs with Roundup claims pending in St. Louis City, concluding that the Missouri Supreme Court’s recent ruling on the joinder of claims since the underlying claims had not been set for individual trials.

Missouri Court Requests Plaintiff Selection Procedure Motions from Parties in Roundup Litigation

A Missouri court overseeing Roundup personal injuries cases has denied Monsanto’s omnibus motion for plaintiff trial selection procedures, ruling that the cases currently set for trial can move forward and asking the parties to filed Plaintiff Selection Procedure motions in all of the remaining cases.

Issue #173, May 2019

PFOA/PFOS MDL Court Denies New York’s Efforts to Remand Water Contamination Claims

The federal court overseeing the Aqueous Film-Forming Foams Products Liability Litigation multidistrict docket has denied efforts by the state of New York to remand its PFOA/PFOS claims, concluding that the complaint was properly removed under both the federal officer removal statute and federal enclave jurisdiction.

Texas Downstream Properties Moves to Dismiss Benzene Complaint, Cites Improper Service

Texas Downstream Properties Inc. has moved to dismiss a benzene complaint, saying that the plaintiffs did not properly serve the company with the summons and complaint within applicable time limits.

Parties in Piano Worker’s Benzene Suit Reach Settlement Agreement, Outline Stipulations

Parties involved in the benzene lawsuit of a former piano worker who tuned and refurbished pianos have reached a settlement agreement, according to recent documents filed in Illinois federal court.

Pennsylvania Federal Court Strikes Second Amended Complaint in Benzene Case, Allows 10 Days to Re-File

A Pennsylvania federal court has struck a second amended complaint filed by benzene plaintiffs for failure to comply with Federal Rules of Civil Procedure.

Roundup MDL Judge Expands Sanction Order to Additional Plaintiff Trial Team Member; Rejects Application of Sanctions to 5 Other Trial Team Members

The federal court overseeing the multidistrict litigation docket for Roundup personal injury claims has expanded its sanction ruling from a recent trial to include another member of the plaintiffs’ trial team, but rejected application of the sanction order to five additional members.

Roundup MDL Judge Seeks Plan for Resolution of Cases, Appoints Kenneth Feinberg to Mediate Global Settlement Discussions

In an effort to develop a plan for resolution or trial of the thousands of Roundup personal injury cases before it, the federal court overseeing the national multidistrict litigation docket for Roundup cases has appointed Kenneth Feinberg to mediate global settlement discussions between Monsanto and the Plaintiffs’ MDL Executive Committee, sources told HarrisMartin Publishing.

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