Louisiana Parties Disagree on Timeliness of Benzene Claims, Exchange Briefing on Motion to Dismiss

NEW ORLEANS –– Parties in Louisiana have exchanged briefing on the timeliness of benzene claims, with the plaintiffs arguing that fraud or misrepresentation tolls the one-year statute of limitations period on the underlying claims.

In July, defendants Shell Oil Co. and Shell Chemical LP moved the U.S. District Court of the Eastern District of Louisiana to dismiss the claim, contending that the plaintiffs’ lawsuit is time-barred since it was not filed until more than seven years after the decedent’s death.

In support of this argument, the defendants contended that the plaintiffs had failed to establish that the interruption or suspension …