8th Circuit Affirms Dismissal of Benzene Claims; Says Collateral Estoppel Bars Claims

ST. LOUIS –– The 8th Circuit U.S. Court of Appeals has affirmed the dismissal of benzene claims against Harley-Davidson, opining that a “mistake” a Missouri federal court made in predicting Missouri state law does not enable the plaintiff to circumvent dismissal in the first case by re-filing a second case involving the same claims and injury.

In the June 11 opinion, the 8th Circuit found “no fundamental unfairness in applying collateral estoppel to the facts of this case,” in which a benzene plaintiff had argued that Missouri law recognizes an exception to collateral estoppel when there has been a change …