Court Denies Defense Challenge to Lawsuit, Says Facts are Sufficiently Pled

DALLAS -- A federal court has denied a defense motion to dismiss for failure to state a claim, opining that the product identification information the defendants say is lacking is "best sought through discovery." Larsen-Anstine v. Shell Oil Co., et al., No. 07-290 (N.D. Texas).

In the July 19 order, the U.S. District Court for the Northern District of Texas found that the defendants failed in their assertion that they cannot reasonably respond to the lawsuit because they have already answered the complaint.

Pamela Larsen-Anstine filed the complaint on behalf of Kenneth Larsen, who she claims was exposed to benzene …