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 #170, February 2019

Roundup MDL Court Issues Pretrial Order on In Limine Motions in Upcoming Trial

The federal court overseeing the national multidistrict litigation docket for Roundup personal injury claims has issued a pretrial order addressing motions in limine, excluding in part the International Agency for Research on Cancer’s classification of the herbicide from a bellwether trial set to start in the coming days.

New Study Says Glyphosate Herbicide Exposure Raises Cancer Risk by 41 Percent

A recent study has linked exposure to glyphosate-based herbicide exposure to an “increased risk of NHL in humans,” with the authors concluding that “the overall evidence from human, animal, and mechanistic studies presented here supports a compelling link between exposures to GBHs and increased risk for NHL.”

Parties in Chemical Exposure Action Trade Briefs Regarding Deposition of Plaintiff

Parties in an ortho-toluidine exposure action have exchanged briefing regarding the deposition of the plaintiff, with the defendants maintaining that the plaintiffs have failed to show that they are entitled to a protective order in the proceedings.

Ariz. Court Rejects Low Level Causation Testimony in Benzene Case, Awards Summary Judgment to Defendants

An Arizona court has awarded summary judgment to two defendants in a benzene case, concluding that the expert proffered by the plaintiffs to testify on specific causation had failed to pass Daubert admissibility standards.

Issue #169, January 2019

Newly Appointed PFOA MDL Court Issues First Case Management Order; Status Conference Set for Feb.

The South Carolina federal court assigned to the newly created PFOA and PFOS foam lawsuit multidistrict litigation docket has issued its first case management order, noting that it will take up the appointment of liaison counsel at the initial status conference.

Parties in Utah Benzene Exposure Suit Stipulate to Dismissal of CML Case

Parties remaining in a benzene exposure lawsuit have stipulated to the dismissal of the case without prejudice, just months after the court refused to toss expert testimony proffered on behalf of the plaintiff.

Former Guitar Repairman Files Complaint, Says Exposure to Benzene Caused ALL

A former guitar repairman developed Acute Lymphoblastic Leukemia as a result of exposure to benzene-containing products used during the course of his employment at a music shop, according to a recently filed complaint in Washington federal court.

South Carolina Federal Court Orders Parties to Conduct Jurisdictional Discovery in Butter Flavorings Suits

A South Carolina federal court has ordered parties in several butter flavorings personal injury lawsuits to conduct “limited discovery on the issue of personal jurisdiction,” in the wake of a defense motion to dismiss the claims on jurisdiction grounds.

Ala. Court Allows Benzene Plaintiffs to Amend Complaint in Wake of Jurisdictional Discovery Revelation of Affiliate Company

An Alabama court has allowed plaintiffs asserting benzene claims to file a second amended complaint to substitute as a defendant an in-state company revealed during the course of jurisdictional discovery to be an affiliate of a prior defendant, according to a recent docket entry.

Settlement Conference in Benzene CLL Suit Scheduled for March

A settlement conference scheduled to take place this month in a benzene exposure suit has been continued to March at the request of the parties, with a status hearing to take place in its stead, according to a recent court document.

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