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Chemical Week Magazine :: Regulatory

Appeals Court Revives Florida Benlate Lawsuit

10:56 AM MDT | September 12, 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 (Daytona Beach) 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...

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