Dow Seeks En Banc Review Of Cancer Cluster Suit

Law360, Philadelphia (October 25, 2013, 5:42 PM EDT) -- A Dow Chemical Co. unit urged the Pennsylvania Superior Court for an en banc rehearing on Tuesday, arguing that a two-judge panel's decision reviving a negligence suit over an alleged Illinois cancer cluster created an untenable position for the Philadelphia trial court hearing the case.

Rohm & Haas Co., the target of a lawsuit alleging that an Illinois man's brain cancer was caused by seepage from a disposal site for toxic waste, argued that the Superior Court had upended a decision dismissing the case during trial, despite the fact that a Philadelphia County judge had agreed to bar the expert causation...

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