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 #167, November 2018
International Paper Co. has filed a complaint in Michigan federal court seeking the recovery of costs related to the response and cleanup of a Superfund site, contending that its co-defendants in a related action are liable to the company for the costs incurred.
Benzene plaintiffs have re-filed their action in a North Carolina federal court after a Pennsylvania state court dismissed their claims on forum non conveniens grounds, arguing that a former employee of Duke Energy Corp. developed MDS as a result of exposure to benzene-containing products.
A new class action lawsuit has accused several defendants, including Georgia-Pacific and 3M Co., of dumping large quantities of waste into a landfill that ultimately contaminated drinking water with harmful levels of PFAS.
Issue #166, October 2018
Benzene Plaintiffs Filed Second Motion for Reconsideration of Order Tossing Claims Against 3 Defendants on Jurisdiction Grounds
Plaintiffs in a benzene lawsuit pending in Pennsylvania state court have filed their second motion for reconsideration of an order granting motions for summary judgment from three defendants, saying that a recent decision “provides additional precedent for the Court’s consideration.”
A defendant named in a benzene lawsuit of a mechanic and seaman has been severed from the other defendants in the matter due to the bankruptcy and automatic stay of the proceedings, a recent filing stated.
A Pennsylvania state court has denied defense efforts to dismiss a benzene complaint on forum non conveniens grounds, rejecting the defendants’ position that the case had no “legally significant connection” to the state of Pennsylvania.
A defendant named in a benzene complaint has moved to dismiss for lack of jurisdiction, arguing that it has not participated in printing activities in Alabama and lacks sufficient minimum contacts with the state.
A New Hampshire federal court has limited discovery of medical history of plaintiffs involved in a water contamination suit, saying that while the defendants’ original requests were overbroad, several other courts have asked plaintiffs in medical monitoring actions to “produce at least some portion of medical history.”
8th Circuit Reverses $1.3 Million Default Judgment Against Pulmosan in Silica Case, Cites Faulty Service of Process
The 8th Circuit U.S. Court of Appeals has reversed a default judgment of $1.3 million against Pulmosan Safety Equipment Corp. in a silica personal injury lawsuit, saying that the attempted service of process in the case was invalid.
A Utah federal court has refused to exclude the testimony of Dr. Peter Infante in a benzene exposure case, concluding that the literature in the matter was not so one-sided that the experts conclusion was “patently unsupported by the data.”