Federal Court Issues Split Ruling in Benzene Preemption Dispute

NEW ORLEANS -- A Louisiana federal court has dismissed a benzene plaintiff's failure to warn claims, ruling that, to the extent that they address the adequacy of the product's labels, they are preempted by the Federal Hazardous Substances Act. Wagoner, et al. v. ExxonMobil, et al., No. 09-7257 (E.D. La.).

In the same June 3 opinion, however, the U.S. District Court for the Eastern District of Louisiana denied a motion to dismiss the plaintiff's non-warning claims, opining that the FHSA was not meant to reach beyond product labeling.

The plaintiffs filed the lawsuit on behalf of James Wagoner whose …