Shell Defendants Back Motion to Dismiss that Says Complaint is Time-Barred

NEW ORLEANS -- Shell Oil Co. and Shell Chemical LP have backed their motion to dismiss a benzene lawsuit pending in Louisiana federal court, arguing that the plaintiff has "misstated the burden of proof on prescription or preemption of her survival action and wrongful death claims." Frank, et al. v. Shell Oil Co., et al., No. 11-00871 (E.D. La.).

In the June 21 reply brief filed in the U.S. District Court for the Eastern District of Louisiana, the defendants contend that the plaintiffs have to prove -- and not "simply allege" -- that the discovery rule applies.

Lois Frank …