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 #184, April 2020

Roundup MDL Judge Vacates Wave 1 Motion Hearing; Will Issue Written Ruling

The federal judge overseeing the Roundup personal injury products liability multidistrict litigation docket has vacated a hearing scheduled for April 16, saying, instead he will issue a “written ruling based on the motions and responsive briefs.”

U.S. Steel Attacks Admissibility of Plaintiff Experts in Benzene Case

U.S. Steel Corp. has filed a series of motions in a benzene exposure lawsuit attacking the admissibility of the plaintiffs’ experts, maintaining that they are, in part, not qualified to testify on specific causation and that the testimony does not satisfy the standards for admissibility under Daubert.

Monsanto to Pay $39 Million to Settle Roundup False Advertising Claims; Will Remove Language from Label

Plaintiffs in a class action complaint filed against Monsanto for false advertising have filed an unopposed motion seeking preliminary approval of a class action settlement, explaining that the company has agreed to pay $39 million to resolve the underlying claims.

Ala. Court Tosses Remedy, Trespass Claims in PFOA/PFOS Water Contamination Suit

An Alabama federal court has dismissed remedy and trespass claims in a PFOA/PFOS water contamination lawsuit, finding that Alabama law does not recognize a cause of action for diagnostic testing with a present, physical injury.

N.C. Court Awards Summary Judgment to Sunoco, CRC Industries in Benzene Case; Denies Motion as to U.S. Steel

A North Carolina federal court has tossed benzene claims against several defendants, including CRC Industries and Sunoco, finding that the plaintiffs, in part, had failed to present sufficient evidence establishing a causal link between the defendant’s products and the plaintiffs’ development of AML.

Amici Groups File Brief in Support of Roundup Plaintiff, Cites ‘Credible Evidence’ that Product is Carcinogenic

Two non-profit organizations have filed an amici brief in support of a $80 million Roundup verdict, arguing that “significant flaws and biases undermined EPA’s evaluation of glyphosate’s carcinogenicity and the district court was correct in allowing testimony to that effect.”

Missouri Roundup Trial Scheduled for March Postponed as Result of COVID-19 Pandemic

A Roundup personal injury trial scheduled to begin on March 30 has been postponed as a result of the “national pandemic of the COVID-19 virus,” according to a docket entry.

Petitioners Ask 9th Circuit to Review EPA’s Order Re-Approving Herbicide Glyphosate

Petitioners have asked the 9th Circuit to review an order of the U.S. Environmental Protection Agency (EPA) re-approving the herbicide glyphosate, calling the agency’s decision “half-completed, biased, and unlawful.”

Issue #183, March 2020

Dysol Moves for Summary Judgment in Aromatic Hydrocarbon Lawsuit, Says No Genuine Issue of Material Fact Exists

Dysol Inc. has moved for summary judgment in an aromatic hydrocarbon personal injury lawsuit, contending that the plaintiff has failed to meet her burden of proof and no genuine issue of any material fact exists with regard to exposure to a Dysol product.

DuPont Objects to Recommendation that Expert Testimony in Chemical Exposure Case Should Survive Challenges

DuPont has filed an objection to a report and recommendation in a chemical exposure lawsuit that rejected challenges to causation expert testimony, finding fault with the magistrate judge’s conclusion that any inferences made by the experts were “reasonable based on the literature.”

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