ExxonMobil Seeks to Dismiss Fraud Claims, Says They Lack Particularity

NEW ORLEANS -- ExxonMobil has filed a motion to dismiss fraud claims in a recently filed benzene case, contending that the plaintiffs have not pled the specific claims against the defendant with the requisite particularity. Boutain, et al., v. Radiator Specialty Co., et al., No. 11-01907 (E.D. La.).

On Sept. 22, ExxonMobil Corp. filed a motion to dismiss the fraud claims with the U.S. District Court for the Eastern District of Louisana, contending they were not pled with the specificity required by Rule 9(b) of the Federal Rules of Civil Procedure.

"Although ... Plaintiffs make several specific allegations against …