Wisconsin Court Rejects Efforts to Dismiss Benzene Complaint for Alleged Failure to Timely Serve

MADISON, Wis. –– A Wisconsin federal court has denied efforts to dismiss a benzene exposure lawsuit, concluding that, while the plaintiffs were delayed in properly serving a group of defendants, dismissal was not appropriate.

In the Feb. 17 decision, the U.S. District Court for the Western District of Wisconsin concluded that “at this stage and under the unique circumstances of the litigation, therefore, it is most practical and more reasonable to include the Group A defendants despite woefully late service and allow this case to be decided on its merits as to all the named defendants.”

However, the court cautioned …