La. Parties Debate Timeliness of Survival Action in Benzene Case

NEW ORLEANS -- Defendants in a Louisiana benzene action continue to argue that the plaintiffs' survival claims are time-barred because the decedent was aware of the cause of his illness more than one year before his representatives filed suit. Bishop, et al. v. Shell Oil Co., et al., No. 07-2832 (E.D. La.).

On May 21 in the U.S. District Court for the Eastern District of Louisiana, the plaintiffs responded to the motion for partial summary judgment on the survival action, saying that the defendants cannot claim that Bishop should have known in 2004 that his multiple myeloma was caused by …