Benzene Plaintiffs File Appellate Brief in 5th Circuit; Contest District Court Order Dismissing Case

NEW ORLEANS –– Plaintiffs contesting the dismissal of their benzene action have filed their appellate brief with the U.S. Court of Appeals for the 5th Circuit, in which they contend that the District Court’s conclusions regarding expert testimony was a disagreement on methodology that should have been addressed on cross-examination.

In the May 6 brief, the plaintiffs additionally argue that since defendant International Paint never tested its benzene-containing thinner and paint products, it had no scientific evidence to dispute the opinions of Dr. Bhaskar Kura.

Craig and Toni Moore asserted the underlying claims. They allege that Craig's multiple myeloma …