Louisiana Court Denies Efforts for Partial Dismissal in Benzene Case

NEW ORLEANS -- A federal court in Louisiana has denied defense efforts to partially dismiss a benzene complaint, finding that the plaintiff's negligent misrepresentation claim was sufficiently pled. Wagoner, et al. v. ExxonMobil Corp., et al., No. 09-07257 (E.D. La.).

The U.S. District Court for the Eastern District of Louisiana's Aug. 9 conclusion came after it determined that the defendants had erred when seeking dismissal of the plaintiff's fraud claim, a cause of action the plaintiff had not asserted.

Macie Wagoner asserted the lawsuit on behalf of her husband, James Wagoner, who was allegedly exposed to benzene while working …