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 #168, December 2018

JPML Creates Coordinated Docket for Aqueous Film-Forming Foam Cases, Excludes Non-AFFF Claims

The U.S. Judicial Panel on Multidistrict Litigation has created a coordinated pre-trial docket for claims relating to PFOA and PFOS foam lawsuits, but has declined to include pending PFAS actions in the docket, saying that those cases are “quite different,” and involve more “varied defendants.”

Roundup MDL Judge Mulls Possibility of Bifurcating Upcoming Bellwether Trial

The judge overseeing the national multidistrict litigation docket for Roundup personal injury claims has requested briefing from the parties on bifurcation of the upcoming bellwether trial, according to a recent pretrial order.

Issue #167, November 2018

Parties in Chemical Exposure Suit Agree Not to Allege Flaw in Manufacturing of Ortho-Toluidine

Parties in a chemical exposure lawsuit have filed a stipulation in which the plaintiffs have agreed not to allege that there was a flaw in the manufacturing of defendants’ ortho-toluidine, according to a recent document.

Prisco Inc. Supports Motion to Dismiss Benzene Claims, Insists Evidence is ‘Insufficient’ to Establish Personal Jurisdiction

A company named as a defendant in a benzene action has filed a reply brief supporting its motion to dismiss, maintaining that the complaint has not, and cannot, allege that the company is at home in Alabama since it is a New Jersey corporation.

JPML Hears Arguments Relating to Petition for PFOA/PFOS Foam MDL

The U.S. Judicial Panel on Multidistrict Litigation has heard arguments relating to a petition to create a multidistrict litigation docket for PFOA and PFOS foam lawsuits, including the proposal that the Panel create a “mega PFAS docket,” which would include all claims relating to an “extensive list of individually unique chemicals they generally characterize as PFAS compounds.”

Plaintiff in South Carolina Butter Flavorings Personal Injury Suit Opposes Motion to Dismiss on Jurisdiction Grounds

The plaintiff in a butter flavorings exposure lawsuit has opposed a recent motion to dismiss on jurisdiction grounds, arguing that defendant The Edlong Corp. admits it sold flavorings to the South Carolina plant at which the alleged exposure took place.

Roundup MDL Judge Selects Hardeman as First Bellwether Trial Scheduled for February 2019

The judge overseeing the national multidistrict litigation docket for Roundup personal injury claims has chosen Hardeman as the first bellwether trial, slated to begin on February 25, 2019, according to a recent pretrial order.

Monsanto to Appeal Denial of JNOV Motion Following $289 Million Roundup Verdict

Monsanto Co. is appealing a California judge’s denial of its motion for judgment notwithstanding the verdict in a Roundup case that ended in a $289 million verdict, according to a recent court filing.

New C-8 Complaint Filed in Wake of Global Settlement, Says Exposure Caused Kidney Cancer

Another lawsuit alleging injury from exposure to C-8 in water has been filed in the wake of a global settlement reached in the national multidistrict litigation docket, with the plaintiff alleging that he developed kidney cancer as a result of exposure to the contaminants.

Water Utility Company Sues PFAS Chemical Manufacturers, Seeks Reimbursement for Cleanup Costs

A water utility company has filed a lawsuit against the manufacturers of PFAS chemicals, contending that it has incurred costs related to its efforts to address chemicals found in the public water supply systems it owns and operated.

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