Plaintiffs: Creosote Injury Claims Not Barred; Court ‘Exceeded Authority’

(August 31, 2016, 12:59 PM EDT) -- NEW YORK — Plaintiffs who allege that they have been harmed as a result of exposure to wood treated with creosote on Aug. 29 filed a brief in the Second Circuit U.S. Court of Appeals contending that it should reverse a ruling in which a district court “exceeded its authority” when it concluded that the plaintiffs’ claims were barred by a settlement agreement that prohibits “trust derivative claims” (Avoca Plaintiffs v. Kerr-McGee Corporation [In Re: Tronox Inc.], No. 16-343, 2nd Cir.).

(Avoca plaintiffs’ response brief available....
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