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 #175, July 2019
A defendant named in several butter flavorings exposure lawsuit has backed its efforts to dismiss the complaints, maintaining that the complaints lack specific allegations and, further, that the plaintiffs have provided improper reasoning for why they should not have to re-plead their allegations.
Defendants in Chemical Exposure Suit Move for Summary Judgment, Challenge Admissibility of Testimony
Defendants named in a chemical exposure lawsuit have moved for summary judgment, and for the exclusion of expert testimony, contending that the plaintiffs have failed to prove that the former Goodyear Tire & Rubber Co. employee was exposed to sufficient levels of the alleged toxin.
Benzene plaintiffs contending that exposure to chemicals and solvents during employment as a guitar repair technician caused the development of Acute Lymphoblastic Leukemia have amended their complaint to add two new defendants to the action.
La. Court Awards Summary Judgment to Defendants in Chemical Exposure Suit, Says Claims Barred by LWCA
A Louisiana federal court has awarded summary judgment to defendants named in a chemical exposure lawsuit, finding that the plaintiffs had failed to establish that their claims fell under the intentional act exception in the Louisiana Workers’ Compensation Act.
The federal court overseeing the PFOA and PFOS foam multidistrict litigation docket has scheduled a Science Day for Sept. 6, stipulating that each side will be allowed to offer up two experts to address the court.
A state court that presided over a Roundup personal injury trial that ended in a $2 billion verdict earlier this year has conditionally granted Monsanto’s motion for a new trial in the proceedings unless the plaintiffs stipulate to a reduced judgment of $86.7 million total.
U.S. Steel has moved to exclude the testimony of a plaintiff expert in a benzene case, maintaining that the expert’s cumulative exposure calculation was not based on facts or evidence in the case, but rather on assumptions or extrapolations.
The judge overseeing the multidistrict litigation docket for Roundup personal injury claims has reduced a $75 million punitive damage verdict issued earlier this year, saying the size of the award was constitutionally impermissible.
The United States has petitioned the U.S. Judicial Panel on Multidistrict Litigation to reestablish a coordinated multidistrict litigation docket for claims connected to water contamination at Camp Lejeune, saying that the denial of approximately 4,400 administrative tort claims has prompted the filing of several FTCA actions.
A California case in which an auto body mechanic alleged that his cancer was caused by various benzene-containing products he used on the job has settled on the eve of trial, bringing the settlement total to $6.3 million, sources told HarrisMartin.