5th Circuit Vacates Dismissal in Light of ATSDR Benzene Toxicology Report

NEW ORLEANS -- The 5th Circuit Court of Appeals has vacated the dismissal of a benzene case, finding that a recently finalized federal report regarding the dangers of benzene can be considered when weighing the reliability of a plaintiff's expert's testimony. LeBlanc, et al. v. Chevron USA Inc., et al., No. 07-30599 (5th Cir.).

In the April 22 decision, the 5th Circuit said that the Federal Agency for Toxic Substances and Disease Registry (ATSDR) report deserves careful consideration since it touches upon the disease the plaintiff is claiming he developed as a result of benzene exposure.

The plaintiffs contend …