Benzene Plaintiffs Request Rehearing En Banc in Dispute over Specific Causation Testimony

BOSTON –– Benzene plaintiffs have requested a rehearing en banc in a dispute over specific causation testimony, saying that the 1st Circuit U.S. Court of Appeals’ recent decision conflicts with previous holdings of the court.

The plaintiffs filed the petition on May 9 in the 1st Circuit, maintaining that the dismissal of their claims was erroneous and that the proceeding “involves questions of exceptional importance.”

In their 2007 complaint, the Milwards alleged that Brian Milward's work as a pipefitter and refrigeration technician for more than 30 years exposed him to benzene-containing products. They asserted that as a result of Milward's …