La. Parties Exchange Several Rounds of Briefing on Preemption Dispute

NEW ORLEANS -- Radiator Specialty Co. has filed another brief backing its motion for summary judgment in a Louisiana benzene case, saying that the plaintiffs have yet to present facts that prove their claims are not preempted by the Federal Hazardous Substances Act. Wagoner, et al. v. ExxonMobil Corp., et al., No. 09-07257 (E.D. La.).

The brief was positioned as a response to an April 13 opposition filed in the U.S. District Court for the Eastern District of Louisiana in which the plaintiffs argued that the motion should be denied because of "numerous issues of material fact" that exist as …