Mass. Court Allows Benzene Plaintiffs to Supplement Record in Case Against Rust-Oleum

BOSTON –– A Massachusetts federal court has granted a plaintiff’s motion to supplement the summary judgment record with two exhibits, despite opposition from the lone remaining defendant in the case, Rust-Oleum.

The motion, which urged the court to take a second look at the qualifications of a plaintiff expert whose testimony has come under admissibility attacks, was granted on March 4, according to the U.S. District Court for the District of Massachusetts’ online docket.

In their 2007 complaint, the Milwards allege that Brian Milward's work as a refrigeration technician exposed him to benzene-containing products. They assert that as a result …