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.
SEARCH THE ARCHIVES
Issue #173, May 2019
C-8 MDL Court Approves Multi-Plaintiff Trials, Rejects DuPont’s Efforts to Pursue Appeals of Pre-Global Settlement Decisions
The federal court overseeing the national multidistrict litigation docket for C-8 water contamination claims has rejected DuPont’s contention that it should have the opportunity to appeal decisions reached by the MDL Court prior to the global settlement, calling the request “unreasonable.”
HarrisMartin: Jurors Award More Than $2 Billion to Calif. Couple in 3rd Roundup Trial; Verdict Includes Punitive Damages
A California jury has awarded more than $2 billion total to a California couple at the conclusion of the third Roundup trial to proceed to verdict, finding that the glyphosate-containing herbicide product was a substantial factor in causing the couple’s separate non-Hodgkin’s lymphoma diagnoses, HarrisMartin Publishing is reporting.
Calif. Appeals Court Denies Monsanto’s Request to Take Notice of Op Ed Articles, Juror Correspondence
A California appellate court has denied Monsanto Co.’s motion to take judicial notice of newspaper articles and jurors’ correspondence in the appeal of a $289 million Roundup verdict, explaining that they are not part of the trial court’s record.
Issue #172, April 2019
Plaintiffs with claims remaining in the C-8 water contamination personal injury multidistrict litigation docket have filed a motion for summary judgment on the elements of duty and breach in their negligence claim, saying that collateral estoppel prevents the defendants from challenging the cause of action.
The parties involved in the C-8 water contamination multidistrict litigation docket have exchanged briefing as to future trials for cases filed since a global settlement was reached, with the plaintiffs urging the MDL Court to adopt a multi-plaintiff trial schedule.
Bell Flavors and Fragrances Inc. has filed a motion to dismiss for lack of personal jurisdiction in two butter flavorings exposure lawsuits pending in South Carolina, contending that it is an Illinois corporation and has not manufactured any products in South Carolina.
Parties in a benzene case that was originally filed in Pennsylvania but re-filed in South Carolina after defendants successfully challenged the claims on forum grounds have been ordered to conduct mediation before June 14, according to a recent order.
Texas Court Denies Motions for Definite Statement, Lone Pine Order in Chemical Exposure Suit Against BNSF
BNSF Railway Co.’s efforts to obtain a more definite statement or implement a Lone Pine order in a chemical exposure lawsuit have been rejected by a Texas federal court, which concluded in part that the motions were an “improper attempt to shift” the burden of production to the plaintiffs at the pleading stage.
Neb. Court Denies Motion to Dismiss, Allows Benzene Plaintiff Time to Obtain Appointment as Personal Representative
A Nebraska federal court has refused to dismiss a benzene exposure lawsuit, saying that although the decedent’s husband admitted that he had not been appointed the personal representative of his wife’s estate, the plaintiff is permitted a “reasonable time for substitution has been allowed.”
Roundup MDL Court Vacates Second Bellwether Trial Setting, Says Resources Better Spent on Organizing Remaining Cases
A trial setting has been vacated for what was slated to be the second Roundup personal injury bellwether case to proceed to trial in the national multidistrict litigation docket, as the MDL Court found that “the resources of the parties and the Court are better spent organizing the remaining cases in the MDL.”