Shell Oil Co. Moves to Dismiss Complaint for Third Time; Says ‘No Toluene Defect Exists’

ORLANDO, Fla. –– Shell Oil Co. has moved to dismiss a toluene exposure complaint for the third time, saying that, despite two opportunities to fix pleading deficiencies, the plaintiffs have still not identified the toluene, the defendant’s connection to the toluene or the alleged toluene defect.

In the May 22 motion filed in the U.S. District Court for the Middle District of Florida, the defendant said the complaint lacks “foundational factual allegations.”

In April, the federal court dismissed the complaint for the second time, opining that the plaintiff had failed to provide an answer to the defendant’s criticism that the …