STORY FROM: Benzene & Emerging Toxic Torts Litigation
Benzene Plaintiffs Contend 'Well-Pleaded Complaint Rule' Applies, Moves to Remand
December 30, 2005
GALVESTON, Texas -- A Texas couple has moved to remand their benzene lawsuit, contending that until their complaint is well-pled, their claims should remain in state court. Lucas, et al. v. Radiator Specialty, et al., No. 05-00623 (S.D. Texas).
The Dec. 19 motion to remand filed in the U.S. District Court for the Southern District of Texas also claims that the Federal Hazardous Substances Act does not preempt state law claims.
'Based on the well-pleaded complaint rule, Plaintiffs have not pled a federal cause of action for the purposes of federal question jurisdiction,' the plaintiffs argue. 'Furthermore, because the FHSA ...