STORY FROM: Benzene & Emerging Toxic Torts Litigation

Pennsylvania Federal Court Retains Jurisdiction Over Benzene Suit, Says Nexus Exists Between Claims and Government’s Conduct

PHILADELPHIA –– A Pennsylvania federal court has retained jurisdiction over a benzene case, finding, in part, that there is “clearly” a nexus between the plaintiffs’ claims and the federal government’s conduct, given that the plaintiff alleges exposure on ships owned and operated by the United States government.

In the Feb. 28 opinion, the U.S. District Court for the Eastern District of Pennsylvania further noted that the defendants have established that their instructions for cleaning surfaces of the ships with benzene-containing solvent products were detailed in a manual issued by the U.S. government.

The complaint, originally filed in Pennsylvania state court, ...

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