Louisiana Court Throws Out Survival Action; Allows Wrongful Death, Product Liability Benzene Claims to Proceed

NEW ORLEANS –– A Louisiana federal court has dismissed a benzene plaintiff’s survival action on timeliness grounds but has allowed wrongful death and product liability claims, finding contra non valentem applied based on the plaintiff’s ignorance of the available claims.

In the Aug. 23 opinion, the U.S. District Court for the Eastern District of Louisiana pointed to another recent benzene-related decision in determining whether a survival action is governed by prescriptive or peremptive periods.

Elise Leslie brought the claims individually and on behalf of her father, Bruce W. Leslie, who was allegedly exposed to benzene-containing products while pumping …