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 #7, September 2005

Judge Denies BP Summary Judgment Motion on Eve of Jury Selection

A judge overseeing a benzene trial denied a summary judgment motion made by BP Corp. just one week before jury selection began in the ongoing trial

Employees Request Remand of Case, Claim FHSA Does Not Preempt State Law Claims

Employees at Georgia-Pacific Corp.'s Crossett, Ark., facility who allegedly developed cancer from exposure to benzene have asked the U.S. District Court for the Western District of Arkansas to remand their case to state court

Judge Grants Motion to Exclude Asbestos-Related Litigation Testimony

The judge overseeing a benzene trial currently underway in California has granted a plaintiff's motion in limine that sought the preclusion of testimony relating to the plaintiff's former involvement in asbestos litigation

Jury Finds Defendant's Failure to Warn Did Not Cause Plaintiff's Non-Hodgkin's

A jury has found that while Chevron failed to adequately warn of possible health risks associated with benzene exposure, those failures were not ultimately the cause of a plaintiff's non-Hodgkin's lymphoma, HarrisMartin Publishing is reporting...

Plaintiffs Move for Preferential Trial Setting in Benzene Case

Plaintiffs asserting benzene claims have asked the court for a preferential trail setting, contending that a grandchild of the plaintiffs has a substantial interest in the case's outcome

Hearing Set to Resolve Jurisdictional Matters in Benzene Lawsuit

Radiator Specialty has responded to plaintiffs' motion to remand by claiming that the specific claims asserted against the defendant are subject to federal standards

Chevron Denied Motion for Nonsuit at Close of Plaintiff's Evidence

Chevron has been denied a motion for nonsuit at the close of evidence presented by the plaintiff who claims benzene exposure caused his non-Hodgkin's lymphoma

Benzene Plaintiffs Oppose Motion to Transfer Proceedings

Plaintiffs asserting benzene claims have opposed Radiator Specialty's motion to transfer the proceedings, claiming that the defendant waived its right to object to venue by answering the complaint

Issue #6, August 2005

Abstracts from the Literature - Benzene August 2005

Radiator Specialty Files Motion to Transfer Benzene Proceedings

Radiator Specialty has filed its own motion to transfer a benzene lawsuit, echoing arguments asserted in an earlier motion by co-defendant Southern Champion Tray

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