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 #2, April 2005

Court Rejects Plaintiffs' Oppositions to Peremptory Challenge, Transfers Benzene Proceedings

A California Court has rejected opposition to a motion to transfer benzene proceedings, ruling that the defendant's peremptory challenge was timely filed and the case should be transferred to another judge

<i>Ex Parte</i> Application Granted, Widow Permitted to Execute Settlement Agreement

The widow of a man alleging benzene exposure has been granted an <i>ex parte</i> application to become the successor in interest of her husband, effectively allowing her to execute a settlement agreement that had been reached prior to her husband's recent

Safety-Kleen Moves to Dismiss, Asserts Bankruptcy Protection

Safety-Kleen Corp. has moved to dismiss a benzene lawsuit, claiming its Bankruptcy Confirmation Order discharges all claims or causes of action asserted against the company

Tenn. Judge Dismisses Several Defendants, Extends Discovery in Benzene Case

A District Court judge has granted several voluntary motions to dismiss without prejudice in a Tennessee benzene lawsuit, in addition to extending discovery in the proceedings

Judge Denies Consolidated Trial Plan in 19 Benzene Cases

A judge has denied a motion to try 19 Missouri state benzene lawsuits in groups based on their alleged injuries, sources told HarrisMartin Publishing

Court Affirms Class Certification to Plaintiffs Alleging Benzene Exposure

A Louisiana Court of Appeal affirmed class certification in a benzene exposure lawsuit, opining that the trial court's designation of exposure levels allows the plaintiffs to satisfy requirements of numerosity and typicality

Court Affirms Workers' Compensation Benefits to Man Alleging Benzene Exposure

An Arkansas Court of Appeals has affirmed workers' compensation benefits to a 51-year old man alleging benzene exposure, finding that the evidence sufficiently supported the plaintiff's claim

Bridgestone Moves to Dismiss Benzene Complaint, Claims Employer Immunity

The employer of a man alleging injuries caused by benzene exposure has filed a motion to dismiss the lawsuit, arguing it is immune from common law liability claims under Iowa law

Parties in Mississippi Benzene Complaints Dispute Jurisdiction

Radiator Specialty Co. has moved for an extension to respond to benzene plaintiffs' motion to remand, claiming an extension is necessary in order to conduct remand-related depositions

Benzene Defendants Move to Dismiss for Lack of Specificity, Cite <i>Mangialardi</i>

Several defendants named in a Mississippi benzene lawsuit have moved to dismiss, arguing that the plaintiffs have failed to comply with Mississippi's pleading requirements

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