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 #5, July 2005

Benzene Defendant Claims Federal Regulations Apply to Mechanic's Lawsuit

Radiator Specialty has removed a benzene lawsuit, claiming that federal statutes apply because the plaintiff alleges exposure in the workplace.

Liberty Mutual Seeks Declaration for Underlying Asbestos and Benzene Litigation

Liberty Mutual has filed a complaint for declaratory judgment against Cerro Flow Products Inc., seeking a judgment that it does not owe a duty to the company for underlying claims involving asbestos and benzene

Issue #4, June 2005

Abstracts From the Literature - Benzene June 2005

Trace Benzene Cases in the Real World: Is a Trace Benzene Case Really a Benzene Case?

Judge Transfers Benzene Lawsuit Involving Cosmetics Industry

A state court judge has granted a motion to change venue in a benzene case involving the cosmetics industry.

Federal Court Dismisses Benzene Plaintiffs' <i>Res Ipsa Loquitur</i> Claims

The U.S. District Court for the Eastern District of Arkansas has granted a motion to dismiss made by defendants who claimed the plaintiffs failed to prove the defendants had exclusive control over the products that allegedly caused their injuries

Benzene Defendant Moves to Dismiss for Lack of Particularity

A defendant named in an acute myelogenous leukemia lawsuit has moved to dismiss the claims, asserting that the plaintiffs have failed to link the exposure to a specific product of the defendant

Judge Denies Summary Judgment Motion On Limitations Grounds

A state court judge has denied several benzene defendants' motions for summary judgment based on grounds that the statute of limitations had run on the plaintiffs' wrongful death claims

Dow Chemical Moves to Dismiss, Claims Amended Complaint Identical to Original

The Dow Chemical Co. has moved to dismiss a benzene lawsuit, claiming that the plaintiffs' amended complaint suffers from the same deficiencies as the original lawsuit

New Aromatic Hydrocarbon Lawsuit Asserts Employer Provided Inadequate Ventilation

Plaintiffs in West Virginia have claimed that they were wrongfully exposed to aromatic hydrocarbons after defendant employers failed to provide adequate ventilation and protective equipment

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