Benzene Defendant Moves to Dismiss for Lack of Particularity

PHILADELPHIA -- A defendant named in an acute myelogenous leukemia lawsuit has moved to dismiss the claims, asserting that the plaintiffs have failed to link the exposure to a specific product of the defendant. Ellett, et al. v. Radiator Specialty Co., et al., No. 05-2060 (E.D. Pa.).

In the May 24 motion filed in the U.S. District Court for the Eastern District of Pennsylvania, defendant Acuity Specialty Products Group claims that the negligence and strict products liability claims asserted against them fail under Tennessee law. Acuity claims that Tennessee law applies because that is where the plaintiffs allege exposure occurred.