Court Denies Efforts to Dismiss Gross Negligence, Wrongful Death Claims

ST. LOUIS -- A Missouri federal court has denied efforts of a defendant chemical company to dismiss causes of action relating to gross negligence and wrongful death, opining that the plaintiffs had sufficiently stated "a claim to relief that is plausible on its face." Whitehead v. Baxter Healthcare Corp., et al., No. 08-0421 (E.D. Mo.).

In the Aug. 12 ruling, the U.S. District Court for the Eastern District of Missouri found there were no reasons to strike the claims asserted by the surviving members of a former utility worker.

The underlying claims were asserted on behalf of Jackie Whitehead, …