STORY FROM: Benzene & Emerging Toxic Torts Litigation
Employees Request Remand of Case, Claim FHSA Does Not Preempt State Law Claims
August 25, 2005
ASHLEY COUNTY, Ark. - Employees at Georgia-Pacific Corp.'s Crossett, Ark., facility who allegedly developed cancer from exposure to benzene have asked the U.S. District Court for the Western District of Arkansas to remand their case to state court. Curry, et al. v. Aervoe Industries Inc., et al., No. 1:05-CV-1058 (W.D. Ark.).
The plaintiffs originally filed their complaint in the Ashley County Circuit Court on May 31, accusing Radiator Specialty Co. of negligence, strict liability, and breach of warranty. The plaintiffs alleged, among other things, that the defendant failed to adequately warn users of its products' health hazards.
Radiator Specialty removed ...