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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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Issue #177, September 2019

Roundup MDL Court Retains Jurisdiction Over Plaintiff, Severs and Remands Claims of Co-Plaintiffs

The California court overseeing the Roundup personal injury multidistrict litigation docket has denied a motion to remand, noting that the plaintiff was exposed to Roundup on at least three military bases and, as such, it is appropriate to exercise supplemental jurisdiction over that plaintiff’s other state-law claims.


Roundup Plaintiff Files Notice of Appeal Indicating Intent to Appeal Reduction of $75 Million Punitive Damage Verdict

A plaintiff whose punitive damage verdict was reduced by the federal court overseeing the national Roundup multidistrict litigation docket has filed a notice of appeal, indicating his intent to appeal the court’s order reducing the punitive damage award from $75 million to $20 million.


Benzene Complaint Pending in Colorado Federal Court Says Exposure Called Bladder Cancer

A recent benzene complaint filed in Colorado federal court accuses a number of companies of causing a decedent’s bladder cancer, saying that exposure to benzene and toluene caused him to develop his injuries.


5th Circuit Dismisses Appeal of Order Awarding Summary Judgment to Defendants in Chemical Exposure Suit

The 5th Circuit U.S. Court of Appeals has dismissed an appeal filed by plaintiffs whose chemical exposure suit was tossed, finding that the District Court has since vacated its judgment in light of other defendants remaining in the case.


DuPont Says Deposition of In-House Counsel in C-8 Water Contamination Cases Not Improper

E.I. du Pont de Nemours and Co. has opposed a motion to strike the deposition of its in-house counsel, refuting the plaintiffs’ contentions that the defendant demonstrated “sheer brazenness” when it continued with the deposition in violation of court orders.


C-8 MDL Court Sets Single Case for Trial Ahead of First Joint Trial Group

The federal court overseeing the national multidistrict litigation docket for C-8 water contamination claims has scheduled a single personal injury lawsuit for a civil trial in November, according to a recent notice.


North Carolina Federal Court Sets Deadlines in Re-Filed Benzene Complaint from Pa.

A North Carolina federal court overseeing a benzene personal injury action re-filed there after a Pennsylvania court dismissed the claims on forum non conveniens grounds has outlined deadlines for the case moving forward.


Butter Flavorings Plaintiffs Move to Voluntarily Dismiss Cases, Note Parallel Actions Now Pending in Illinois

Plaintiffs with butter flavorings cases pending in South Carolina federal court have voluntarily moved to dismiss the claims, noting that they have filed complaints in Illinois, where two of the defendants have long maintained jurisdiction is proper.


Texas State Court Dismisses Benzene Case, Finds Plaintiff’s Disclosure of Causation Evidence was Untimely

A Texas state court has dismissed a benzene exposure lawsuit, in part agreeing with the defendants that the plaintiff’s disclosure of causation evidence was untimely since it was produced for the first time in response to the summary judgment motions.


Defendant Named in PCB Exposure Suit Removes Case, Cites ‘Complete Diversity of Citizenship’

A defendant named in a PCB exposure lawsuit has removed the case to South Carolina federal court, contending that the court has jurisdiction in the matter “in light of the amount in controversy and the complete diversity of citizenship.”


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