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.



Issue #173, May 2019

Texas Downstream Properties Moves to Dismiss Benzene Complaint, Cites Improper Service

Texas Downstream Properties Inc. has moved to dismiss a benzene complaint, saying that the plaintiffs did not properly serve the company with the summons and complaint within applicable time limits.

Parties in Piano Worker’s Benzene Suit Reach Settlement Agreement, Outline Stipulations

Parties involved in the benzene lawsuit of a former piano worker who tuned and refurbished pianos have reached a settlement agreement, according to recent documents filed in Illinois federal court.

Pennsylvania Federal Court Strikes Second Amended Complaint in Benzene Case, Allows 10 Days to Re-File

A Pennsylvania federal court has struck a second amended complaint filed by benzene plaintiffs for failure to comply with Federal Rules of Civil Procedure.

Roundup MDL Judge Expands Sanction Order to Additional Plaintiff Trial Team Member; Rejects Application of Sanctions to 5 Other Trial Team Members

The federal court overseeing the multidistrict litigation docket for Roundup personal injury claims has expanded its sanction ruling from a recent trial to include another member of the plaintiffs’ trial team, but rejected application of the sanction order to five additional members.

Roundup MDL Judge Seeks Plan for Resolution of Cases, Appoints Kenneth Feinberg to Mediate Global Settlement Discussions

In an effort to develop a plan for resolution or trial of the thousands of Roundup personal injury cases before it, the federal court overseeing the national multidistrict litigation docket for Roundup cases has appointed Kenneth Feinberg to mediate global settlement discussions between Monsanto and the Plaintiffs’ MDL Executive Committee, sources told HarrisMartin Publishing.

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

C-8 Plaintiffs Seek Summary Judgment on Duty/Breach, Cite Collateral Estoppel

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.

C-8 Water Contamination Parties Exchange Briefing on Trials for Newly Filed Cases

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.

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