Parties in South Carolina Benzene Case Exchange Briefing on Causation Challenges

COLUMBIA, S.C. –– Acuity Specialty Products Inc. has supported its motion for summary judgment in a South Carolina benzene case, stating that the plaintiffs conceded in their brief opposing the motion that the challenges to defect, breach of warranty and misrepresentation claims have merit.

The defendant explained in the Feb. 27 brief, filed in the U.S. District Court for the District of South Carolina, that as a result of the concession, the lawsuit “becomes simply a warnings case.”

“Yet even these claims require Plaintiff to proffer admissible evidence to establish the requisite element of causation,” the defendant maintained. “That is, …