Benzene Appeal Pending in 1st Circuit Scheduled for April Oral Argument

BOSTON –– A benzene case pending in the U.S. Court of Appeals for the 1st Circuit will be called for oral argument on April 9, according to a recent calendaring notice issued by the appellate court.

The March 5 calendaring notice says that no continuance will be given except for grave cause. The appeal involves the dismissal of a benzene suit against Rust-Oleum.

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 result of Milward's exposure to solvents, naptha, toluene, xylene, benzene and the …