Rust-Oleum Challenges Specific Causation in Mass. Benzene Case

BOSTON –– The lone remaining defendant in a benzene action is contesting specific causation in an acute promyelocytic leukemia case, arguing that an expert testifying on behalf of the plaintiffs has used “erroneous assumptions” in reaching his conclusions regarding the alleged exposure.

In the Oct. 16 motion filed in the U.S. District Court for the District of Massachusetts, Rust-Oleum Corp. challenges specific causation and the plaintiffs’ product liability claim for failure to warn.

In their 2007 complaint, the Milwards allege that Brian Milward's work as a refrigeration technician exposed him to benzene-containing products. They assert that as a result of …