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.



Issue #9, November 2005

Court Denies Motion to Amend Notice of Removal

A federal court has denied a defense motion to amend their notice of removal, finding that because the court had previously determined that it did not have jurisdiction over the claims, the motion is moot

Benzene Lawsuits Coordinated for Discovery; Cases to be Tried Separately

Discovery in more than ten benzene cases recently filed in Delaware has been coordinated, sources told HarrisMartin

Issue #8, October 2005

Liquid Wrench and Benzene Exposure

Abstracts from the Literature - Benzene October 2005

Court Remands Benzene Claims, Finds Complaint Filed After Bankruptcy Plan Confirmed

A federal court has remanded a benzene lawsuit, opining that federal jurisdiction was not proper because the plaintiffs filed the instant lawsuit after their bankruptcy plan was confirmed

Court Rejects Plaintiff's Reliance on MSDS to Establish Exposure Level

A federal court has granted summary judgment to ExxonMobil and Sea River Maritime, after finding that causation experts produced by a benzene plaintiff failed to quantify the level of benzene exposure, therefore rendering the opinions inadmissible

Benzene Plaintiffs Asserting Leukemia Injuries Issued Scheduling Orders

Scheduling orders have been entered in two lawsuits in which the plaintiffs allege that their leukemia was caused by exposure to benzene-containing products

Parties in Asbestos and Benzene Insurance Dispute Set Scheduling Order

Parties involved in an asbestos and benzene insurance dispute have agreed on a scheduling order which would put the parties on track for a trial sometime late next year

Benzene Plaintiffs Allege Exposure to Liquid Wrench, Klean Strip

Plaintiffs alleging exposure to the benzene-containing products Liquid Wrench and Klean Strip have had their claims removed to federal court

Radiator Specialty Argues its Warning Labels Not Subject to State Regulations

Radiator Specialty has defended its choice to remove a benzene lawsuit to federal court, arguing that the decision to remand the claims would indicate that product warning labels would be subject to individual state warning requirements instead of federal

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