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 #176, August 2019

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.

Issue #175, July 2019

Parties in Several Butter Flavorings Suits Exchange Briefing on Specificity of Claims

A defendant named in several butter flavorings exposure lawsuit has backed its efforts to dismiss the complaints, maintaining that the complaints lack specific allegations and, further, that the plaintiffs have provided improper reasoning for why they should not have to re-plead their allegations.

Defendants in Chemical Exposure Suit Move for Summary Judgment, Challenge Admissibility of Testimony

Defendants named in a chemical exposure lawsuit have moved for summary judgment, and for the exclusion of expert testimony, contending that the plaintiffs have failed to prove that the former Goodyear Tire & Rubber Co. employee was exposed to sufficient levels of the alleged toxin.

Wash. Benzene Plaintiffs Filed Amended Complaint, Adds 2 New Defendants

Benzene plaintiffs contending that exposure to chemicals and solvents during employment as a guitar repair technician caused the development of Acute Lymphoblastic Leukemia have amended their complaint to add two new defendants to the action.

La. Court Awards Summary Judgment to Defendants in Chemical Exposure Suit, Says Claims Barred by LWCA

A Louisiana federal court has awarded summary judgment to defendants named in a chemical exposure lawsuit, finding that the plaintiffs had failed to establish that their claims fell under the intentional act exception in the Louisiana Workers’ Compensation Act.

PFOA/PFOS MDL Court Schedules Science Day for September, Outlines Topics of Discussion

The federal court overseeing the PFOA and PFOS foam multidistrict litigation docket has scheduled a Science Day for Sept. 6, stipulating that each side will be allowed to offer up two experts to address the court.

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