Benzene Plaintiffs File Brief in 8th Circuit, Say Collateral Estoppel Wrongfully Applied to Their Claims

ST. LOUIS –– Benzene plaintiffs appealing the dismissal of their claims in the U.S. Court of Appeals for the 8th Circuit filed their appellate brief recently, arguing that collateral estoppel did not apply to their claims because the application of the doctrine would be inequitable.

In the April 25 brief, the plaintiffs additionally asserted that the doctrine could not apply with there was an intervening change of law.

Michelle Ideker filed the suit, contending that she was exposed to benzene-containing products while working in Harley-Davidson’s paint and coating department for eight years. Ideker says she worked with paint products manufactured …