Defendants Seek Dismissal of Misrepresentation Claims on Particularity Grounds

SEATTLE -- Several defendants have filed a motion to dismiss a misrepresentation claim in a federal court benzene case, saying the plaintiffs have failed to name specific details vital to such a claim. Darmanin, et al. v. ConocoPhillips Co., et al., No. 06-1429 (W.D. Wash.).

The April 18 motion filed in the U.S. District Court for the Western District of Washington asks the court to dismiss the plaintiffs' claim for misrepresentation, saying it does not comply with Rule 9(b), which outlines requirements under which fraud claims must be pled.

Anthony Darmanin claims that his work at an oil refinery exposed …