Texas Downstream Properties Moves to Dismiss Benzene Complaint, Cites Improper Service

MADISON, Wis. –– Texas Downstream Properties Inc. has moved to dismiss a benzene complaint, saying that the plaintiffs did not properly serve the company with the summons and complaint within applicable time limits.

In a May 21 brief filed in the U.S. District Court for the Western District of Wisconsin, TDPI argued that the plaintiffs’ failure to comply with statutory requirements to accomplish proper service “deprives this Court of personal jurisdiction over TDPI and requires the dismissal of Plaintiffs’ complaint.”

The plaintiffs asserted the underlying claims in Wisconsin state court in December 2018, contending that Douglas Frase was exposed …