La. Court Declines to Weigh in on Timeliness of Benzene Survival Claims, Notes Pending Case in State High Court

NEW ORLEANS –– A Louisiana federal court has denied a number of motions to dismiss in a benzene case, in part noting that the state’s Supreme Court is scheduled to address the question of whether survival actions are governed by Louisiana’s prescriptive or peremptive time limitations.

In the Jan. 31 order, the U.S. District Court for the Eastern District of Louisiana did, however, dismiss the plaintiffs’ fraud claims, saying that they fall “far short” of what is required and giving the plaintiffs 20 days to amend the cause of action.

The plaintiffs filed the action on behalf of Kevin …