1st Circuit Hears Appeal in Benzene Case; Plaintiffs Contesting Dismissal on Expert Admissibility Grounds

BOSTON –– The U.S. Court of Appeals for the 1st Circuit heard oral arguments in the appeal of a federal court order dismissing benzene claims asserted against Rust-Oleum, according to the court’s online docket.

The case was argued before Appellate Judge Jeffrey R. Howard on April 9 as scheduled, the docket noted.

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 benzene-containing product Liquid Wrench, he contracted acute promyelocytic leukemia (APL).