Benzene Plaintiffs Back Appeal; Say Rust-Oleum ‘Recycles District Court’s Reasoning’

BOSTON –– Plaintiffs appealing the dismissal of their benzene claims have filed a reply brief in the U.S. Court of Appeals for the 1st Circuit, arguing that Rust-Oleum’s recent opposition brief does not acknowledge the plaintiffs’ discussion regarding published epidemiological literature and “apparently has no answer for any of [the] arguments or authorities.”

In the Feb. 20 brief, the plaintiffs also argue that the defendant “repeatedly asks this Court to consider published scientific articles that are not part of the record on appeal and which were never presented to the District Court.”

In their 2007 complaint, the Milwards allege that …