Personal Injury PCBs Exposure Case Moved To A Lower Court
Moving the case to different level of jurisdiction is one of the methods which are used very often, since our legal system has a hierarchical structure which allows overlapping authorities. This can sometimes create confusion, but legal experts swim like a fish in these waters and they know what belongs to what and how are things arranged. One example of this tactic is recorded recently in the lawsuit which was originally filed in St. Louis County Circuit Court, and now the plaintiffs are moving to remand the case. On January 11th the case is filed with the U. S. District Court for the Eastern District of Missouri as the defendant “Pharmacia” (former “Monsanto”) claims that they are not a government contractor.
They are accused of using dangerous organic pollutant, called polychlorinated byphenils (PCBs), in their production, which caused severe health problems to employers and local residents. PCBs are found in food packaging, electrical equipment and paint, and they are problematic because they do not break down in the environment. Three people with non-Hodgkins Lymphoma are filing a lawsuit against “Pharmacia”, and they are hoping to prove the link between their health condition and the use of toxic materials.