STORY FROM: Benzene & Emerging Toxic Torts Litigation
Court Calls Complaint 'Transparent,' Denies Motion to Remand
December 29, 2005
JACKSON, Miss. -- A federal court has retained jurisdiction over a Mississippi couple's benzene claims, finding that the Federal Hazardous Substances Act (FHSA) is applicable. Fowler, et al. v. First Chemical, et al, No. 2:05cv16-KS-JMR (S.D. Miss.).
In a Dec. 20 decision, the U.S. District Court for the Southern District of Mississippi determined that there could be no failure to warn claims unless the benzene defendants violated the FHSA and subsequently denied the plaintiffs' motion to remand.
The District Court retained jurisdiction over the claims, despite Radiator Specialty's negligence in obtaining removal consent from all 88 defendants.
'For this Court ...