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 #1, March 2005

Court of Appeal Rules Trial Court Violated Venue Determination Procedure, Grants <i>Writ of Mandamus</i>

A trial court's refusal to transfer a benzene complaint filed by a Texas couple was a violation of state law because a previous complaint filed by the same plaintiffs had already established venue for the case, a Court of Appeals has ruled...

Court Rules Exposure Occurred Before Workers' Compensation Act, Remands Lawsuit

A federal court has remanded a benzene exposure lawsuit after finding that the 13 months that the plaintiff worked for his employer before a Louisiana Workers' Compensation Act went into effect was sufficient time to establish a valid cause of action agai

Ill. Residents Complain That 3.8 Million Gallon Gasoline Plume Contaminates Homes

Prolonged rains caused gasoline liquid and vapors to seep into the basements of plaintiffs' homes, decreasing both indoor and outdoor air quality, and prompting the residents of the neighborhood who filed the complaint to request medical monitoring for fe

Court Dismisses Exemplary Damages of $10 Million in Benzene Exposure Lawsuit

A Texas Court of Appeals has reversed a jury award of $10 million in exemplary damages to the family of a child who allegedly developed leukemia from <i>in utero</i> exposure to benzene. The court ruled that a property owner is not entitled

2nd Circuit Refuses to Apply Pennsylvania Rule of Causation to Seaman's Benzene Lawsuit

The 2nd Circuit Court of Appeals has upheld an award of summary judgment to several vessel owners and operators, ruling that a plaintiff in a benzene exposure lawsuit failed to provide sufficient evidence of causation

Four Complaints Filed Against Missouri Oil Refinery Allege Benzene Exposure

Four complaints have been filed in the last month alleging that an oil refinery adjacent to several neighborhoods allowed benzene and other toxic gases to leak into childhood playing areas, causing a variety of diseases in residents, including one plainti

Superior Court Dismisses Fraudulent-Concealment Claims in Benzene Complaint

A California Superior Court dismissed several claims -- among them fraudulent-concealment -- in a benzene wrongful death case, citing a failure to allege when, where, and how long the plaintiff was exposed to the defendants' products

Interrogatories by Benzene Plaintiff a 'Fishing Expedition,' Court Rules

The Texas Supreme Court has granted <i>writ of mandamus</i> to defendants in a benzene exposure case after determining...

Defendant Claims Products Have Benzene Levels Lower Than in Ambient Air

A defendant named in a benzene lawsuit has moved for summary judgment, arguing that the products the company manufactures contain benzene levels lower than found in ambient air

Understanding the Risks of Benzene<br><i>By John Shaffery, Esq. and Darren M. Ballas, Esq.</i>

For better and for worse, the sweet smelling chemical known as benzene is a useful and sometimes naturally occurring ingredient of products and byproducts we all use...

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