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 #5, July 2005
A federal judge has denied a defense motion to strike the plaintiffs' experts, while commenting that the ''initial climate of cooperation [had] completely deteriorated'' during discovery in a benzene proceeding
Radiator Specialty has removed a benzene lawsuit, claiming that federal statutes apply because the plaintiff alleges exposure in the workplace.
Liberty Mutual has filed a complaint for declaratory judgment against Cerro Flow Products Inc., seeking a judgment that it does not owe a duty to the company for underlying claims involving asbestos and benzene
Issue #4, June 2005
A state court judge has granted a motion to change venue in a benzene case involving the cosmetics industry.
The U.S. District Court for the Eastern District of Arkansas has granted a motion to dismiss made by defendants who claimed the plaintiffs failed to prove the defendants had exclusive control over the products that allegedly caused their injuries
A defendant named in an acute myelogenous leukemia lawsuit has moved to dismiss the claims, asserting that the plaintiffs have failed to link the exposure to a specific product of the defendant
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
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