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 #174, June 2019
Defendant Named in Butter Flavorings Suits Says Complaints Lack Specificity Despite Repeated Amendments
A defendant named in three butter flavorings exposure lawsuits has moved to dismiss the complaints, saying that, despite amending the lawsuits two times, the claims still lack “any specificity.”
A new benzene complaint has been filed in Washington federal court, with the plaintiffs contending that service in the U.S. Armed Forces caused one of the plaintiffs to develop Chronic Myeloproliferative Neoplasm with JAK2 V617F mutation.
Monsanto Backs Post-Trial Motion Contesting $80 Million Roundup Verdict, Calls Punitive Damages ‘Extraordinary’
Monsanto Co. has backed its post-trial motions contesting an $80 million verdict in what was the first Roundup personal injury case to proceed to trial in the national multidistrict litigation docket, maintaining that the plaintiffs were permitted to present “unsubstantiated and/or undisclosed opinions,” which ultimately infected the jury’s verdict.
The federal court overseeing the national multidistrict litigation docket for C-8 water contamination claims has scheduled six trials for the first joint trial group to go before a jury in the wake of a global settlement reached more than two years ago.
A new benzene complaint has been filed in Louisiana state court, with the plaintiffs contending that in utero exposure to benzene-containing paint, and other chemical products, caused their son to develop Acute Myeloid Leukemia.
Del. Court Weighs in on Admissibility of Experts in Roundup Cases, Says Monsanto Not Entitled to Summary Judgment
A Delaware state court has weighed in on the admissibility of experts in Roundup personal injury exposure lawsuits, finding that while the testimony of two plaintiff experts was inadmissible, Monsanto was still not entitled to summary judgment.
The federal judge overseeing the national coordinated docket for multidistrict litigation claims relating to Roundup has outlined his plan for preparing cases for transfer back to home districts, saying the first wave will consist of cases governed by California and Nebraska law.
Missouri Court Rejects Efforts to Transfer Venue in Roundup Case, Says Case Distinguishable from Recent High Court Ruling
A Missouri state court has once again denied Monsanto’s efforts to transfer venue of non-St. Louis plaintiffs with Roundup claims pending in St. Louis City, concluding that the Missouri Supreme Court’s recent ruling on the joinder of claims since the underlying claims had not been set for individual trials.
A Missouri court overseeing Roundup personal injuries cases has denied Monsanto’s omnibus motion for plaintiff trial selection procedures, ruling that the cases currently set for trial can move forward and asking the parties to filed Plaintiff Selection Procedure motions in all of the remaining cases.
Issue #173, May 2019
The federal court overseeing the Aqueous Film-Forming Foams Products Liability Litigation multidistrict docket has denied efforts by the state of New York to remand its PFOA/PFOS claims, concluding that the complaint was properly removed under both the federal officer removal statute and federal enclave jurisdiction.