Dow Chemical Moves to Dismiss, Claims Amended Complaint Identical to Original

ST. LOUIS -- The Dow Chemical Co. has moved to dismiss a benzene lawsuit, claiming that the plaintiffs' amended complaint suffers from the same deficiencies as the original lawsuit. Buckner, et al. v. E.I. Dupont De Nemours, et al., No. 04-00066 (E.D. Mo.).

In a May 16 motion filed in the U.S. District Court for the Eastern District of Missouri, the defendant claims the plaintiffs have violated a court order by failing to specify which defendants are responsible for alleged exposures to certain chemicals.

'In their vastly deficient Original Complaint, Plaintiffs made general allegations that every Plaintiff was exposed …