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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 #4, June 2005

Judge Denies Summary Judgment Motion On Limitations Grounds

A state court judge has denied several benzene defendants' motions for summary judgment based on grounds that the statute of limitations had run on the plaintiffs' wrongful death claims


Dow Chemical Moves to Dismiss, Claims Amended Complaint Identical to Original

The Dow Chemical Co. has moved to dismiss a benzene lawsuit, claiming that the plaintiffs' amended complaint suffers from the same deficiencies as the original lawsuit


New Aromatic Hydrocarbon Lawsuit Asserts Employer Provided Inadequate Ventilation

Plaintiffs in West Virginia have claimed that they were wrongfully exposed to aromatic hydrocarbons after defendant employers failed to provide adequate ventilation and protective equipment


Defendants Move to Strike Experts 'Late, Incomplete' Disclosures

The defendants in a wrongful death lawsuit on May 20 moved to strike two of the plaintiffs' experts, arguing the experts produced incomplete disclosures two months late


Calif. Court Set to Hear Product Identification Arguments in Benzene Case

A California court is set to hear arguments relating to a benzene defendant's motion for summary judgment based on the ground that the plaintiffs have been unsuccessful in identifying a product manufactured by the defendant as a factor in the alleged inju


Court Sustains Demurrer, Allows Plaintiff Leave to Amend

A California state court judge has granted a benzene defendant's demurrer to the plaintiffs' first amended complaint, but allowed the plaintiffs leave to amend the lawsuit


Plaintiffs Voluntarily Dismiss Benzene Action

A federal court judge has granted an unopposed motion by benzene plaintiffs to dismiss their claims without prejudice


Court Stays Proceedings until Jurisdiction Dispute Resolved

A federal court has granted a motion by plaintiffs to stay a benzene case until the plaintiffs' motion to remand can be addressed


Court Enforces Order Dismissing Several Defendants without Prejudice

A circuit court has granted several benzene defendants' motions to dismiss claims asserted against them, simultaneously denying the plaintiffs' motion for relief from an order relating to the dismissals


Federal Court Enters Summary Judgment, Benzene Case Closed

A federal court has granted summary judgment to defendants in the claims of three benzene plaintiffs, effectively closing the case


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