STORY FROM: Benzene & Emerging Toxic Torts Litigation
Defendants Back Removal of Benzene Suit, Say LPLA is Exclusive Remedy for Claims Against Non-Manufacturer Seller
November 29, 2016
NEW ORLEANS –– Defendants named in a benzene lawsuit have defended their decision to remove the suit to federal court, saying that a local store is alleged to have sold the gasoline that was manufactured by Shell and, under Louisiana law, a non-manufacturer seller is not liable for damages caused by the product “unless the non-manufacturer seller held the product out as its own.”
In an opposition brief filed on Nov. 8 in the U.S. District Court for the Eastern District of Louisiana, the defendants further said the Louisiana Products Liability Act (LPLA) is the exclusive avenue of recovery against ...
Motion to Remand