N.J. Appellate Court Reinstates Benzene Complaint Filed by Roofer

  • Opinion

TRENTON, N.J. -- A New Jersey appellate court has reversed the dismissal of a benzene case with prejudice, stating that it found no evidence that the plaintiffs purposely responded in an evasive manner to a case management order. Kelly, et al. v. Polylite Roof Decks Inc., et al., No. A-6323-07T1 (N.J. Super. Ct., App. Div.).

In the Jan. 15 order, the Appellate Division of the New Jersey Superior Court declined to weigh in on whether the underlying claims would pass causation-related summary judgment challenges, saying that the defendants did not file the proper motions that would address the complaint's alleged …


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