Parties in Louisiana Continue to Battle Over Timeliness of Benzene Claims; Defendants Say Plaintiffs Had ‘Constructive Knowledge’ of Claims

NEW ORLEANS –– Shell Oil Co. and Shell Chemical have backed their motion for judgment on the pleadings in a benzene case, reiterating that the claims are barred since the diagnosis on its own amounts to constructive knowledge of a cause of action.

In a reply brief filed June 9 in the U.S. District Court for the Eastern District of Louisiana, the Shell defendants maintained that the contra non valentum principles relied upon by the plaintiffs call for ignorance, which is not present in the instant action.

Henry and Elizabeth Vicknair argued in their complaint that Henry’s work as …