Benzene Supplier Asserts Sophisticated User Defense, Seeks Dismissal

NEW ORLEANS -- A supplier defendant in a benzene case is seeking summary judgment on failure-to-warn claims, contending that both the decedent, and his former employer, were sophisticated users of benzene-containing products. Barrois, et al. v. Firemand's Fund Insurance, et al., No. 09-380 (E.D. La.).

On Feb. 2, Fisher Scientific Co. moved for summary judgment in the U.S. District for the District Court for the Eastern District of Louisiana, claiming that Chevron Chemical Co. "has always been aware of regulations" relating to benzene, making it a sophisticated purchaser.

The plaintiffs filed the underlying action on behalf of Barrios, who …