Texas State Court Dismisses Benzene Case, Finds Plaintiff’s Disclosure of Causation Evidence was Untimely

BEAUMONT, Texas –– A Texas state court has dismissed a benzene exposure lawsuit, in part agreeing with the defendants that the plaintiff’s disclosure of causation evidence was untimely since it was produced for the first time in response to the summary judgment motions.

In Sept. 12 orders, the Texas 172nd Judicial District Court for Jefferson County granted several no-evidence motions for summary judgment from a number of defendants, including Shell, ExxonMobil, and Goodyear; the same day, the court granted Shell’s motion to strike the plaintiff’s summary judgment evidence proffered in opposition to the defense motions.

On Sept. 13, the …