ExxonMobil, Plaintiffs Spar Over Whether Fraud Claims Are Properly Pled

NEW ORLEANS -- Parties in a benzene case pending in Louisiana have exchanged briefing on whether the plaintiffs have pled their fraud and misrepresentation claims with the requisite particularity, with the plaintiffs contending that they have shown that the defendant withheld information regarding benzene exposure. Boutain, et al., v. Radiator Specialty Co., et al., No. 11-01907 (E.D. La.).

Meanwhile, in an Oct. 13 reply brief filed in the U.S. District Court for the Eastern District of Louisiana, ExxonMobil maintains that the plaintiffs have not pled specific facts with regards to each and every element of the cause of action.

"For …