Rust-Oleum Files Brief in 1st Circuit; Says District Court Was Correct in Dismissing Benzene Case

BOSTON –– Rust-Oleum has filed its opposition brief with the U.S. Court of Appeals for the 1st Circuit, maintaining its position the District Court was correct when it found that an expert used by benzene plaintiffs to back their claims was not qualified to speak on specific causation.

The Feb. 5 brief conversely finds fault with the District Court’s decision to deny attempts to dismiss other plaintiff expert testimony and for holding that there was a disputed question of fact concerning the adequacy of product warnings.

In their 2007 complaint, the Milwards allege that Brian Milward's work as a …