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 #183, March 2020

La. Court Refuses to Reconsider Earlier Order Maintaining Jurisdiction Over Benzene Claims

A Louisiana federal court has refused to reconsider an earlier order in which it retained jurisdiction over a benzene personal injury exposure lawsuit, concluding that the plaintiffs had failed to present any new legal or evidentiary arguments that would warrant disturbing the prior decision.

La. Plaintiff Whose Benzene Claims Were Tossed Files Appeal with 5th Circuit

A Louisiana benzene plaintiff whose lawsuit was dismissed has filed an appeal with the 5th Circuit U.S. Court of Appeals, in which he will contest the lower court’s finding that the plaintiff’s reliance on an MSDS report on benzene and an informational paper on vinyl chloride was insufficient to meet the burden of either general or specific causation.

Roundup Plaintiff Files Brief in Appeal, Contests MDL Court’s Decision to Reduce $75 Million Punitive Damage Verdict

A plaintiff whose punitive damage verdict was reduced by the federal court overseeing the national Roundup multidistrict litigation docket has filed his brief contesting the reduction, as well as Monsanto’s assignments of error regarding the verdict, arguing that the company’s conduct was reprehensible and continues to threaten the health of millions of consumers.

C-8 MDL Court Allows Plaintiff to File Motion for Summary Judgment on Statute of Limitations Over DuPont’s Objections

The federal court overseeing the national coordinated docket for C-8 water contamination personal injury claims has allowed the plaintiffs in one case to file a motion for summary judgment on the issue of the statute of limitations, saying that DuPont will not suffer prejudice from the plaintiffs’ efforts.

Shareholder Files Complaint Against Bayer’s Supervisors, Says Acquisition of Monsanto Has Inflicted Billions of Dollars in Damages

A Bayer shareholder has filed a lawsuit in New York state court, accusing certain defendants of ignoring warnings related to the acquisition of Monsanto and arguing that the acquisition has been “the worst corporate acquisition ever.”

Roundup MDL Judge Pushes Back Deadlines Again ‘At Request of Settlement Master’; Vacates Next Trial Date

The Roundup personal injury products liability multidistrict litigation has extended all deadlines in the MDL again at the “request of the settlement master,” but cautioned the parties that “no further continuances will be granted.”

DuPont Asks Court to Declare Mistrial in $50 Million C-8 Verdict, Says Allen Charge ‘Exerted Undue Coercive Pressure’ on Jury

DuPont has filed a motion for mistrial in a case that ended in a $50 million verdict, arguing that “circumstances surrounding the jury deliberations had an unconstitutionally coercive effect and a mistrial should be granted.”

C-8 MDL Judge Allows DuPont to File Post-Trial Motion Under Seal but Takes ‘Strong Issue’ with Defendant’s Characterization of Juror Conduct

The federal judge overseeing the C-8 water contamination multidistrict litigation docket has issued an order allowing DuPont to file portions its anticipated motion for a new trial under seal, saying that doing so will protect the privacy rights of a juror and the confidential nature of jury deliberations.

Juror Disagreement Delays Verdict in C-8 Water Contamination Trial; Deliberations to Resume Monday

Deliberations in a C-8 water contamination trial of two plaintiffs will resume on Monday, March 2, after jurors indicated on Friday that they had failed to reach a verdict in the kidney and testicular cancer cases.

HarrisMartin: Jury Awards $50 Million in 1 Case at Conclusion of C-8 Water Contamination Trial; Hung Jury in Second Plaintiff’s Case

An Ohio federal jury has awarded $50 million in one case at the conclusion of a consolidated C-8 water contamination trial of two cases and was ultimately unable to reach a verdict in the second case, HarrisMartin Publishing is reporting.

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