Del. Court Grapples With Forum In Argentine Toxic Tort Suit

By Jeff Montgomery (September 20, 2017, 6:56 PM EDT) -- Delaware's Supreme Court wrestled with questions of forum Wednesday as attorneys for Argentine tobacco farmers argued that the dismissal of their toxic tort cases against tobacco companies, which had claimed Delaware was an "inconvenient forum," should bind the companies to alternate litigation in Argentina.

The appeal arguments, heard by a three-judge panel, involved six consolidated suits against Philip Morris USA Inc. and Philip Morris Global Brands Inc., filed in Delaware's Superior Court in 2012 after farmers and their families began blaming Monsanto's Roundup glyphosate herbicide for birth defects in their children.

Although the original cases named a far larger group of...

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