8th Circuit Court of Appeals Heard Arguments Relating to Benzene Workers’ Compensation Dispute

ST. LOUIS –– A federal appellate court has heard arguments relating to a benzene-related appeal involving Harley-Davidson in which the plaintiffs maintained that Missouri recognizes an exception to collateral estoppel when there has been a change in law.

During the Feb. 12 oral arguments before the U.S. Court of Appeals for the 8th Circuit, counsel for the plaintiffs stated that the “intervening change of law provided them with the rare opportunity to re-file their claims.”

During the oral arguments, one of the justices challenged the plaintiffs’ position, opining “that the principles of finality [had] clearly prevailed.” Counsel for the plaintiffs …