N.Y. Court Won’t Consolidate 2 Benzene Cases for Discovery, Cites ‘Limited Commonalities’

NEW YORK –– A New York state court has refused to consolidate two benzene personal injury cases for joint discovery, concluding that the “limited commonalities presented by these circumstances would counsel against joinder.”

In the Jan. 22 order, the New York Supreme Court for New York County noted that one of the cases at issue has undergone years of discovery while discovery in the second case is in its “infancy.”

“Here,” the court opined, “there are significantly more differences in the underlying facts. Moreover, to the extent that duplication of effort may become an issue, the parties may stipulate to …