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

U.S. Steel Designates Experts in Myelodysplasia Syndrome Case

U.S. Steel Corp. has designated expert witnesses in a benzene lawsuit in which the plaintiff alleges that his work as a mechanic exposed him to the benzene-containing product Liquid Wrench

Court Orders Deposition of Plaintiff Diagnosed with AML

A Missouri Circuit Court ordered the deposition of a plaintiff diagnosed with acute myelogenous leukemia to be taken on March 8, after the plaintiff claimed that because of his illness, he had less than three months to live

Radiator Specialty Removes Benzene Lawsuit for 2nd Time

Defendant Radiator Specialty has removed a lawsuit alleging benzene exposure for the second time, citing the Federal Hazardous Substances Labeling Act in the most recent notice of removal

W. Va. Court Denies Appeal of Benzene Defense Verdict

The West Virginia Supreme Court of Appeals has denied a petition to appeal the entry of judgment on a defense verdict jurors returned a year ago on claims that a plaintiff's exposure to benzene caused him to develop non-Hodgkin's lymphoma

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

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