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 #177, September 2019

Defendant Named in PCB Exposure Suit Removes Case, Cites ‘Complete Diversity of Citizenship’

A defendant named in a PCB exposure lawsuit has removed the case to South Carolina federal court, contending that the court has jurisdiction in the matter “in light of the amount in controversy and the complete diversity of citizenship.”

Issue #176, August 2019

Plaintiff in Aromatic Hydrocarbon Exposure Case Moves to Compel Discovery Responses

The plaintiff in an aromatic hydrocarbon exposure lawsuit has asked a Pennsylvania court to compel defendant Deluxe Financial Services Inc. to provide more specific answers to her discovery, arguing that the defendant’s responses are insufficient.

Georgia Case Set for Sept. 9 Trial in State’s First Talcum Powder Ovarian Cancer Trial

For the first time, Georgia jurors will have a chance to weigh in on whether talcum powder caused a woman’s ovarian cancer in what is the first case of its kind to proceed to trial in the state.

Plaintiffs, U.S. Steel Reach Settlement Agreement in South Carolina Benzene Case

The remaining parties in a South Carolina benzene exposure case have reached a settlement agreement, according to documents filed with the court earlier this month.

Parties in Maryland Benzene Case Request Continuance of Settlement Conference, Cite Other Postponements

Parties in a Maryland benzene case have jointly requested the continuance of an upcoming settlement conference, saying that, since other deadlines have been postponed, the scheduled Sept. 10 settlement conference would likely not be productive at this time.

Plaintiffs Alleging Exposure to Benzene in Jet Fuel May Amend Complaint, Wash. Judge Rules

A Washington judge has allowed the plaintiffs in a benzene jet fuel exposure case to file an amended complaint, in which they changed the identity of defendant Valero Energy Co. to Valero Marketing & Supply Co.

Monsanto Files Notice of Appeal of Order Upholding Multi-Million Verdict in First Roundup MDL Trial

Monsanto Co. has filed a notice of appeal contesting the Roundup MDL court’s order upholding a multi-million verdict in what was the first personal injury case to proceed to trial in the coordinated docket.

Judicial Panel on Multidistrict Litigation Will Hear Camp Lejeune Water Contamination Petition at Sept. Hearing

The U.S. Judicial Panel on Multidistrict Litigation will hear several petitions for the establishment of multidistrict litigation dockets at its upcoming September hearing, including ones for coordination of Camp Lejeune water contamination claims.

Ohio Appellate Court Upholds Dismissal of Silica Claims Asserted Against Employer

An Ohio appellate court has overruled the appeal of a silica plaintiff, concluding that the claimant had failed to satisfy pleading requirements with his claim against his employer.

La. Appellate Court Reverses Dismissal of Intentional Tort of Battery Claim in Benzene Case

A Louisiana appellate court has reversed the dismissal of an intentional tort of battery cause of action in a benzene case, finding that the claim was in fact timely since there was no way the decedent could have known that he had suffered an actual and appreciable injury.

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