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 #171, March 2019
Monsanto’s efforts to obtain summary judgment in three bellwether Roundup personal injury complaint has been rejected by the court overseeing the national multidistrict litigation docket, which opined in part that the plaintiffs had presented enough evidence to support a finding that Monsanto had not taken a “responsible, objective approach to the safety of its product.”
3M Company has filed a motion to dismiss a benzene exposure personal injury lawsuit, saying the plaintiffs have failed to state a claim for which relief can be granted and that some of the claims are superseded by the Washington Products Liability Act.
The court overseeing the bellwether Roundup personal injury trial in the national multidistrict litigation docket has sanctioned counsel for the plaintiff, saying that she “committed several acts of misconduct during her opening statement.”
Issue #170, February 2019
A Pennsylvania court has denied as moot a motion for summary judgment filed by Radiator Specialty in a benzene case, in which the defendant maintained that the plaintiffs’ claims are preempted.
The Pep Boys –– Manny, Moe & Jack have filed several in limine motions in preparation for trial in a benzene lawsuit pending in Pennsylvania state court, seeking in part to preclude evidence relating to punitive damages.
A Pennsylvania appellate court has affirmed a trial court’s decision to dismiss benzene claims on forum grounds, concluding that the trial court was within its discretion to weigh some private and public factors heavier than others.
The federal court overseeing the national multidistrict litigation docket for Roundup personal injury claims has issued a pretrial order addressing motions in limine, excluding in part the International Agency for Research on Cancer’s classification of the herbicide from a bellwether trial set to start in the coming days.
A recent study has linked exposure to glyphosate-based herbicide exposure to an “increased risk of NHL in humans,” with the authors concluding that “the overall evidence from human, animal, and mechanistic studies presented here supports a compelling link between exposures to GBHs and increased risk for NHL.”
Parties in an ortho-toluidine exposure action have exchanged briefing regarding the deposition of the plaintiff, with the defendants maintaining that the plaintiffs have failed to show that they are entitled to a protective order in the proceedings.
Ariz. Court Rejects Low Level Causation Testimony in Benzene Case, Awards Summary Judgment to Defendants
An Arizona court has awarded summary judgment to two defendants in a benzene case, concluding that the expert proffered by the plaintiffs to testify on specific causation had failed to pass Daubert admissibility standards.