Plaintiffs Resist Scheduling Order that Would Address Causation First

NEW ORLEANS -- Plaintiffs in a Louisiana benzene case have opposed a proposed scheduling order that would address general causation first, saying that it would deprive them of their right to conduct a full and fair discovery. Cole, et al. v. Ashland Chemical Inc., et al., No. 09-6584 (E.D. La.).

In their opposition, filed Jan. 23 in the U.S. District Court for the Eastern District of Louisiana, the plaintiffs liken the defendant's proposal to asking a pastry chef to make a cake without milk, eggs or flour.

The underlying claims were asserted by a group of plaintiffs who claim …