5th Circuit Affirms Summary Judgment Order Entered in Benzene Case

NEW ORLEANS –– The 5th Circuit U.S. Court of Appeals has upheld an award of summary judgment to defendants in a case brought by a woman who said exposure to benzene and other toxins caused her to deliver a stillborn child, finding “no abuse of discretion.”

In the two-page Oct. 20 opinion, the 5th Circuit found that the U.S. District Court for the Eastern District of Louisiana issued a “thorough and well-reasoned order” and noted that both the U.S. Supreme Court and the 5th Circuit “have affirmed the exclusion of expert testimony that was based upon studies with the same …