Plaintiff Appeals Dismissal of Benzene Case to 2nd Circuit

NEW YORK -- A benzene plaintiff who saw her lawsuit dismissed after a district court found that there was insufficient evidence linking the plaintiff's exposure to Ashland's benzene-containing products has appealed the dismissal to the U.S. 2nd Circuit Court of Appeals. Nelson, et al. v. Ashland Inc., et al., No. 05-10364 (S.D. N.Y.).

The notice of appeal was filed Nov. 14, shortly after the U.S. District Court for the Southern District of New York adopted a recommendation that Ashland be awarded summary judgment on the product identification grounds.

In an Oct. 31 memorandum and order, Judge Charles L. Brieant agreed …