La. Court Strikes Wrongful Death, Survival Damages in Recently Filed Benzene Case

NEW ORLEANS –– A Louisiana federal court has granted a defense motion to strike wrongful death and survival claims in a benzene case, noting that the plaintiffs had conceded that the plaintiff is still alive and that they are not actively pleading such claims.

In the April 23 order, the U.S. District Court for the Eastern District of Louisiana granted the defense motion with leave to amend should the causes of action accrue in the future. In an opposition brief previously filed, the plaintiffs had clarified that the mention of wrongful death and survival claims in the damages section of …