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 Resolves Claims of Plaintiff Alleging Benzene Exposure Caused Leukemia

U.S. Steel Corp. has resolved claims asserted against the company which arose from the plaintiff's exposure to the benzene-containing product Liquid Wrench

Plaintiffs Move to Remand, Refute Applicability of Federal Hazardous Substances Act

Plaintiffs alleging exposure to benzene have opposed the defendants' removal of the lawsuit, claiming that the Federal Hazardous Substances Act does not regulate their claims

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

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