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Benzene and the Pollution Exclusion

By Chet A. Kronenberg and Nicholas B. Melzer
December 22, 2008

Many see benzene-related cases as the next big thing in toxic tort litigation. It is easy to see why. Benzene litigation has all the elements the plaintiffs' bar could want ' a large claimant pool, signature diseases, and sizable verdicts and settlements.

Benzene, one of the top 20 chemicals by volume in the United States, is found in solvents, gasoline and other fuels, and is widely used in various production processes. Unfortunately, benzene exposure has been associated with development of a particular type of leukemia called acute myeloid leukemia. As a result of its widespread usage and signature disease, many see benzene as the next big thing in toxic tort litigation. See, e.g., Lori Calabro, Problem Solvent: Get Ready for a Wave of Class-Action Lawsuits Linked to Benzene, CFO Magazine, Aug. 1, 2006.

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