5th Circ. Says Arkema Not Liable For Chronic Injury Claims

Law360, New York (June 20, 2012, 8:19 PM EDT) -- The Fifth Circuit affirmed Wednesday that the bulk of a former bottling plant employee’s personal injury claims against chemical company Arkema should be dismissed, in a decision that hinged largely on whether certain expert witness testimony was admissible.

Plaintiff Gary Johnson sued the company over two incidents in 2007 when a ventilating hood made by Arkema in the plant allegedly malfunctioned, causing exposure to Certincoat, a tin-based chemical compound. Johnson claimed that the exposure caused lung disease and pulmonary fibrosis and filed suit in 2008 seeking...
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