Parties Exchange Briefing on Preemption, Bulk Supplier Issues

LUFKIN, Texas -- Defendants in a benzene action are seeking summary judgment, citing a variety of reasons why the plaintiffs' claims are barred, including preemption and bulk supplier defenses. Knapper, et al. v. Safety-Kleen Systems Inc., et al., No. 08-84 (E.D. Texas).

On April 24 in the U.S. District Court for the Eastern District of Texas, the plaintiffs responded to such efforts, claiming first and foremost that the motions are premature, as they were filed prior to the discovery deadline.

The underlying claims were asserted by Linda and Lewis Knapper, who allege that Lewis' leukemia was caused by exposure …