Plaintiffs Object to 3rd Defense Brief in Preemption Dispute

NEW ORLEANS -- Plaintiffs in a Louisiana benzene case have opposed the filing of a third supplemental brief by a defendant seeking to have the underlying claims barred on preemption grounds, saying that the filing does not offer any additional insight on the matter. Wagoner, et al. v. ExxonMobil Corp., et al., No. 09-07257 (E.D. La.).

On May 9, the plaintiffs backed their original argument in the U.S. District Court for the Eastern District of Louisiana, saying that the Federal Hazardous Substances Act does not preempt their claims.

Instead, the plaintiffs claim that Radiator Specialty's third supplemental memorandum supporting …