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 #3, May 2005

Dow Says Causation Lacking, Property Owner Immunity Precludes Claims

Dow Chemical is awaiting a hearing on three separate summary judgment motions in a benzene lawsuit, asserting a lack of causation, workers' compensation and property owner immunity

Defendants Move to Dismiss Lawsuit, Cite Plaintiffs' Failure to Comply with Court Order

Several defendants have moved to dismiss a benzene lawsuit, arguing that plaintiffs failed to comply with a court order to replead with greater particularity

Mississippi Defendants Move to Dismiss, Seek Identification of Products

Several defendants have moved to dismiss a benzene lawsuit, claiming that the plaintiffs have failed to state a claim upon which relief can be granted

Ex-Painter Names Respirator Defendants in Recent Lawsuit

A recent Missouri lawsuit names both paint and respirator defendants, contending that the named parties used unnecessary chemicals in paint and that the respirators worn by the plaintiff did not adequately protect him

Scheduling Order Entered in Plumber's Benzene Lawsuit

A federal court judge overseeing a plumber's benzene exposure lawsuit has entered a scheduling order aimed at trying the claims early next year

Defendants File Post-Trial Motions in $2 Million Benzene Verdict

Defendants found liable in a $2 million benzene verdict have filed post-trial motions asserting that the plaintiff failed to timely file his lawsuit, that several of the plaintiff's expert witnesses did not satisfy admissibility standards and that the pla

Texas Court Denies Motion Seeking Preemption of Benzene Claims

A trial court recently denied a motion by U.S. Steel Co. for summary judgment in a benzene case on grounds that claims are preempted by the Federal Hazardous Substances Act and a plaintiff's admission that he failed to read warnings on the allegedly defec

Federal Courts Grant Motions to Exclude Testimony of Benzene Plaintiffs' Expert

A federal court has denied a motion to reconsider an order in which it found that the causation testimony of plaintiffs' expert Barry S. Levy, M.D., is inadmissible under <i>Daubert v. Merrell Dow Pharmaceuticals</i>

Court Rejects Defense Motions Seeking Workers' Compensation Immunity

A West Virginia Court has denied defense motions in two state court benzene cases in which the defendants' sought workers' compensation immunity against the medical monitoring class action lawsuits

Parties in Texas Benzene Case Hold Admissibility Hearings

A judge in the 239th Judicial District Court for Brazoria County, Texas, recently oversaw hearings on several defense motions to exclude plaintiffs' expert testimony, sources told HarrisMartin Publishing

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