Defendants: Using Commercial as Accrual Point a 'Dangerous Proposition'

PHOENIX -- Defendants in an Arizona benzene case have filed a reply brief in support of their motion to dismiss, saying that the plaintiffs are wrongfully asserting that the accrual point for the claims is a lawyer-created television commercial. Overson, et al. v. Berryman Products, et al., No. 06-2880 (D. Ariz.).

In the April 11 reply filed in the U.S. District Court for the District of Arizona, the defendants claim that under the plaintiffs' theory, the power of accrual lies in the hands of a lawyer-created television commercial, a "dangerous proposition indeed."

Rock and Cyndee Overson claim that Rock's work …