March 24, 2020

Fishkin Lucks Wins Summary Judgment in North Carolina

Fishkin Lucks obtained summary judgment dismissing toxic tort cancer claims pending against its client in the United States District Court for the Western District of North Carolina. Plaintiff originally brought suit in the Philadelphia Court of Common Pleas, claiming that he contracted acute myelogenous leukemia from working with products that allegedly contained the chemical benzene, over the course of an almost forty-year career at Duke Energy in North Carolina and South Carolina. After the Firm successfully moved to dismiss the case based on forum non conveniens, and prevailed on appeal before the Pennsylvania Superior Court, which affirmed the dismissal, Plaintiff re-filed his claims in the Western District of North Carolina. Based on a fulsome factual record that the Firm developed while the case was pending in Philadelphia County, and extensive expert discovery conducted around the country after the case was re-filed in the Western District of North Carolina, the Firm moved for summary judgment arguing that the record evidence was insufficient to identify our client’s product with which Plaintiff allegedly worked or, therefore, that it contained any benzene. Following extensive briefing and a hearing, the Court (Conrad, J.) granted our motion, agreeing with the Firm’s arguments that Plaintiff had failed to present sufficient evidence identifying our client’s product with which he allegedly work as one that contained benzene.