Plaintiffs Move to Strike Defense Answer as December Trial Date Approaches

NEW ORLEANS -- Plaintiffs in a benzene action set for trial in December have filed a motion to strike a defense answer, claiming that it was filed more than nine months late. Wagoner, et al. v. ExxonMobil Corp., et al., No. 09-7257 (E.D. La.).

On Sept. 23, the plaintiffs filed a motion to strike in the U.S. District Court for the Eastern District of Louisiana, saying that Radiator Specialty's answer to the second supplemental and amending complaint was untimely and, if allowed, will be unfairly prejudicial.

Sources told HarrisMartin that trial is currently slated for Dec. 5. Radiator Specialty …