Judge Recommends Dismissal of ExxonMobil, Cites Statute of Limitations

WINSTON-SALEM, N.C. -- A magistrate judge has recommended that ExxonMobil be dismissed from a North Carolina benzene case, finding that the claims asserted against the company are barred by the statute of limitations. Stromberg, et al. v. Ashland Inc., et al., No. 07-332 (M.D. N.C.).

In the July 16 recommendation, Magistrate Judge Wallace W. Dixon of the U.S. District Court for the Middle District of North Carolina found ample evidence in the record to refute the plaintiff's position that because myelofibrosis and acute myelogenous leukemia (AML) are distinct and separate diseases, the statue of limitations does not apply.

"...[S]tatements by …