Missouri Federal Court Grants Motion to Reconsider, Dismisses Benzene Claims Against Harley-Davidson

KANSAS CITY, Mo. –– A Missouri federal court has reversed its earlier position that collateral estoppel did not bar a benzene plaintiff’s claims against Harley Davidson (NYSE:HOG), now saying that there is a difference between a decision that was incorrect when it was made and a decision that was correct when it was made, but is no longer correct as a result of changing law.

In the Jan. 2 order, the U.S. District Court for the Western District of Missouri, said that while its initial order constituted an incorrect prediction of Missouri law, that order is “entitled to preclusive effect …