Plaintiffs Point to Recent Orders in Support of Their Remand Motion

PHILADELPHIA -- Plaintiffs in a benzene lawsuit have filed a supplemental motion to remand, pointing to two recent decisions in which federal courts determined that the Federal Hazardous Substances Act does not preempt state law failure to warn claims. Farley, et al. v. Radiator Specialty, et al., No. 05-5059 (E.D. Pa.).

Plaintiffs Herschel and Martha Farley filed the supplemental brief Feb. 28 in the U.S. District Court for the Eastern District of Pennsylvania.

In an order issued the same day, the Pennsylvania federal court also dismissed defendants Radiator Specialty Co. and USX Corp., saying that the issues between the parties …