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

Radiator Specialty Asserts FHSA in Removal of Arkansas Lawsuit

Radiator Specialty has removed a benzene lawsuit, asserting that the federal court has jurisdiction over the claims because they arise under the Federal Hazardous Substances Act and the Consumer Product Safety Commission

Benzene Plaintiff Settles Claims with Remaining Defendants

A benzene plaintiff has reached a confidential settlement with the remaining defendants in the lawsuit, sources told HarrisMartin

Former Press Operator Claims Exposure to Benzene Caused Leukemia

The claims of a former press operator who alleges exposure to benzene caused his acute myeloid leukemia were removed to the U.S. District Court for the District of Minnesota on Oct. 13

Defendants Say Discovery Responses Reflect 'Changing Times of Post-<i>Mangialardi</i> World'

Several defendants named in a Mississippi benzene action have filed a motion to compel discovery, saying the state's recent rulings on mass joinder preclude the plaintiffs from proceeding with the limited discovery responses they provided

Court Rules Benzene Warning Adequately Displayed on Back Panel of Product

The U.S. District Court for the Eastern District of New York has awarded summary judgment to a distributor of a benzene-containing product, finding that warnings do not need to be displayed on the product's principal display panel to satisfy Federal Hazar

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

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