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Court Revives Florida Benlate Lawsuit

1:53 PM MDT | September 9, 2008 | Kara Sissell

A Florida appeals court has revived a 14-year-old Benlate lawsuit, one of the last in a long series of cases involving DuPont’s controversial herbicide. The Florida Court of Appeals for the Fifth District overturned a lower court ruling that had thrown out the case for “lack of prosecution,” meaning the plaintiff waited too long to pursue the case in court. The appeals court found that the lower court depended on an erroneous legal standard for “lack of prosecution” and has reinstated the case.  The lawsuit, Fuzzell v. DuPont...

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