STORY FROM: Benzene & Emerging Toxic Torts Litigation

Louisiana Court Remands Benzene Suit, Says Removal Improper on the Basis of OCSLA

NEW ORLEANS –– A Louisiana federal court has remanded a benzene suit, concluding that the plaintiffs had not stated a claim pursuant to the Outer Continental Shelf Lands Act as the removing defendants had maintained.

In the June 23 order, the U.S. District Court for the Eastern District of Louisiana found nothing in the plaintiffs’ original complaint to indicate that the jack-up rigs and other vessels on which the plaintiff worked were permanently or temporarily attached to the seabed during the time in question.

Additionally, the court found that the situs requirement had not been met for OCSLA jurisdiction.

The ...

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