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.
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Issue #181, January 2020
A defendant named in a butter flavorings lawsuit has once again challenged the personal injury case on jurisdiction grounds, maintaining that it has no presence in South Carolina and is “not at home there” either.
Monsanto has indicated that it takes no position in the appeal of a federal court order sanctioning trial team members for “acts of misconduct” during opening statements, stating that it is a matter between the plaintiffs and the MDL Court.
A Maryland federal court has remanded a benzene exposure personal injury lawsuit after finding that efforts to include a co-plaintiff in the proceedings was not solely to manufacture a basis for removal as the defendants had suggested.
The federal court overseeing the national multidistrict litigation docket for Roundup personal injury claims has issued a number of pretrial orders, weighing in on the testimony of plaintiff experts and outlining its plans for the Wave 1 remand cases.
A Missouri state court Roundup personal injury trial slated to begin last week has been delayed by what sources stated were “last minute settlement talks.”
Non-Profit Group: PFAS Contamination of Drinking Water ‘Far More Prevalent than Previously Reported’
Drinking water in a number of major United States cities is contaminated with detectable levels of PFAS chemicals, at a rate “far more prevalent than previously reported,” according to a report from a non-profit organization.
Monsanto Co. has filed a reply brief supporting its motion to toss the testimony of Dr. William R. Sawyer in a Roundup personal injury lawsuit, saying that the expert lacks the qualifications to conduct a differential diagnosis.
A Nebraska federal court granted a motion to dismiss in a chemical exposure lawsuit, finding the claims were barred by the statute of limitations since the plaintiff did not file the claims until six years after his diagnosis.
Issue #180, December 2019
C-8 January Trial Plaintiffs Seek Continuance, Cite Possible Prejudice from Feature Film Dark Waters
Plaintiffs with claims C-8 personal injury claims set to be tried in January have asked the federal court overseeing the multidistrict litigation docket to adjourn the trials, citing possible prejudice associated with the release of the feature film Dark Waters.
C-8 MDL Court Issues Pretrial Orders, Rejects DuPont’s Challenges to Expert Testimony, Specific Causation
The MDL Court overseeing the C-8 personal injury multidistrict litigation docket has denied DuPont’s challenge to the plaintiffs’ expert testimony and motion for summary judgment on specific causation in cases set for trial in 2020, according to recent orders.