5th Circuit Affirms Dismissal of Benzene Case; Says Majority of Studies Cited by Experts Were Devoted to Benzene Exposure, Not Gasoline Exposure

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has upheld the dismissal of benzene claims, finding that the District Court did not err when holding that testimony from two plaintiff experts was inadmissible.

The 5th Circuit issued the decision on May 23, agreeing with the federal court that "the body of evidence upon which [the plaintiff expert] relied was not sufficient to support his general causation opinions."

The plaintiffs asserted the claims on behalf of Bernard E. Burst Jr., whose work at a number of gas stations allegedly exposed him to benzene-containing gasoline. As a result of the …