WD-40 Co. Seeks to Dismiss Benzene Case on Judicial Estoppel Grounds

CAMDEN, N.J. -- A benzene defendant has filed for summary judgment, contending that the plaintiffs failure to disclose bankruptcy proceedings constitutes "inconsistent positions" in separate legal actions and, as such, the personal injury action should be dismissed. Taylor, et al. v. The Sherwin Williams Co., et al., No. 11-03413 (D. N.J.).

In the Oct. 19 brief filed in the U.S. District Court for the District of New Jersey, defendant WD-40 Co. says that the doctrine of judicial estoppel can be appropriate even when the party withholding information does not benefit from the failure to disclose.

The complaint was filed by …