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

DuPont Says Deposition of In-House Counsel in C-8 Water Contamination Cases Not Improper

E.I. du Pont de Nemours and Co. has opposed a motion to strike the deposition of its in-house counsel, refuting the plaintiffs’ contentions that the defendant demonstrated “sheer brazenness” when it continued with the deposition in violation of court orders.

C-8 MDL Court Sets Single Case for Trial Ahead of First Joint Trial Group

The federal court overseeing the national multidistrict litigation docket for C-8 water contamination claims has scheduled a single personal injury lawsuit for a civil trial in November, according to a recent notice.

North Carolina Federal Court Sets Deadlines in Re-Filed Benzene Complaint from Pa.

A North Carolina federal court overseeing a benzene personal injury action re-filed there after a Pennsylvania court dismissed the claims on forum non conveniens grounds has outlined deadlines for the case moving forward.

Butter Flavorings Plaintiffs Move to Voluntarily Dismiss Cases, Note Parallel Actions Now Pending in Illinois

Plaintiffs with butter flavorings cases pending in South Carolina federal court have voluntarily moved to dismiss the claims, noting that they have filed complaints in Illinois, where two of the defendants have long maintained jurisdiction is proper.

Texas State Court Dismisses Benzene Case, Finds Plaintiff’s Disclosure of Causation Evidence was Untimely

A Texas state court has dismissed a benzene exposure lawsuit, in part agreeing with the defendants that the plaintiff’s disclosure of causation evidence was untimely since it was produced for the first time in response to the summary judgment motions.

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.

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