Massachusetts Court Throws out Benzene Claims Again; Plaintiffs File Notice of Appeal

BOSTON –– A benzene plaintiff has once again sought appellate review from the 1st Circuit after a federal court rejected the “linear no-threshold” analysis proffered in support of specific causation and entered summary judgment for Rust-Oleum.

The plaintiffs filed a notice of appeal on Sept. 11, less than one week after the U.S. District Court for the District of Massachusetts opined that the plaintiff’s specific causation expert’s reliance on a differential diagnosis was flawed.

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 …