STORY FROM: Benzene & Emerging Toxic Torts Litigation

Lawsuit Alleging In Utero Benzene Exposure to Remain in La. Federal Court

NEW ORLEANS –– A Louisiana federal judge has refused to remand a lawsuit in which the plaintiffs allege that their son’s in utero exposure to benzene-containing paint and other chemical products caused him to develop Acute Myeloid Leukemia.

On Nov. 21, Judge Jane Triche Milazzo of the U.S. District Court for the Eastern District of Louisiana found the case requires resolution of a federal issue — whether the claims are preempted by the Federal Hazardous Substances Act.

“Plaintiffs allege that products sold and/or manufactured by Defendants contain certain solvents that are covered under the FHSA’s labeling requirements,” the judge explained. ...

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