2nd Circuit Affirms Summary Judgment, Says Product ID Lacking

NEW YORK -- The U.S. Court of Appeals for the 2nd Circuit has affirmed summary judgment for two benzene defendants, ruling that even after "drawing all reasonable inferences in favor of the plaintiff," it could not find sufficient evidence that the decedent was exposed to the defendants' benzene. Nelson v. Ashland Oil Inc., No. 07-5185 (2nd Cir.).

The appellate court concluded in its April 27 order that Ashland Oil Inc. and Ashland Inc. were entitled to summary judgment because the plaintiffs' product identification witness testimony was "limited."

"In the absence of other evidence linking Ashland's benzene to Nelson's injuries, the …