Dahlin v. Lyondell Chemical Co., No. 16-3419 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit vacated a jury verdict in favor of plaintiff in an action alleging that plaintiff's decedent contracted acute myeloid leukemia from benzene exposure while working as a truck driver. The court held that the district court erred by determining that plaintiff's claim for damages was not discharged by defendant's bankruptcy because defendant violated plaintiff's due process rights by not providing sufficient notice of the bankruptcy. In this case, plaintiff was an unknown creditor and defendant conducted a reasonably diligent search for creditors. Furthermore, the publication notice of bankruptcy provided was sufficient to meet the decedent's due process rights.
Court Description: Benton, Author, with Smith, Chief Judge, and Gruender, Circuit Judge] Civil case - Torts. In action alleging plaintiff's decedent contracted acute myeloid leukemia from benzene exposure while working as a truck driver, the district court erred in determining plaintiff's claim for damages was not discharged by defendant's bankruptcy because defendant violated plaintiff's due process rights by not providing sufficient notice of the bankruptcy; plaintiff was an unknown creditor, defendant conducted a reasonably diligent search for creditors, and the publication notice provided was sufficient to meet due process requirements.
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