STORY FROM: Benzene & Emerging Toxic Torts Litigation
Plaintiffs File Motion to Remand, Argue FHSA Does Not Preempt Claims
September 6, 2005
PHILADELPHIA -- A plaintiff who claims that exposure to benzene caused his acute myelogenous leukemia has moved to remand his case to state court, arguing that they are not preempted by the Federal Hazardous Substances Act. Ellett, et al. v. Radiator Specialty, et al., No. 05-2060 (E.D. Pa.).
In the Aug. 19 motion to remand filed in the U.S. District Court for the Eastern District of Pennsylvania, the plaintiffs also contend that the defendants may not remove the lawsuit until the complaint has become 'well-pled.'
'While the FHSA has been held to preempt any state statutory or common law that ...