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 #2, April 2005
Plaintiffs in a West Virginia benzene class action have opposed a motion to dismiss their claims, arguing that their causes of action for medical monitoring are not precluded by the Workers' Compensation Act because the members of the class do not present
Issue #1, March 2005
What the Experts Are Saying <br> The Expert Testimony of Richard Monson, M.D. in <i> Cave v. ExxonMobil, et al.</i>
Alumni and current students of Beverly Hills High School, as well as neighbors of the school, have sued several oil and gas companies and the school district alleging that the defendants knew harmful chemicals...
Court of Appeal Rules Trial Court Violated Venue Determination Procedure, Grants <i>Writ of Mandamus</i>
A trial court's refusal to transfer a benzene complaint filed by a Texas couple was a violation of state law because a previous complaint filed by the same plaintiffs had already established venue for the case, a Court of Appeals has ruled...
A federal court has remanded a benzene exposure lawsuit after finding that the 13 months that the plaintiff worked for his employer before a Louisiana Workers' Compensation Act went into effect was sufficient time to establish a valid cause of action agai
Prolonged rains caused gasoline liquid and vapors to seep into the basements of plaintiffs' homes, decreasing both indoor and outdoor air quality, and prompting the residents of the neighborhood who filed the complaint to request medical monitoring for fe
A Texas Court of Appeals has reversed a jury award of $10 million in exemplary damages to the family of a child who allegedly developed leukemia from <i>in utero</i> exposure to benzene. The court ruled that a property owner is not entitled
The 2nd Circuit Court of Appeals has upheld an award of summary judgment to several vessel owners and operators, ruling that a plaintiff in a benzene exposure lawsuit failed to provide sufficient evidence of causation
Four complaints have been filed in the last month alleging that an oil refinery adjacent to several neighborhoods allowed benzene and other toxic gases to leak into childhood playing areas, causing a variety of diseases in residents, including one plainti
A California Superior Court dismissed several claims -- among them fraudulent-concealment -- in a benzene wrongful death case, citing a failure to allege when, where, and how long the plaintiff was exposed to the defendants' products