N.J. Federal Court Remands Benzene Action, Cites Procedural Deficiencies

CAMDEN, N.J. –– A federal court in New Jersey has remanded a benzene action on procedural grounds, after it found that the removing defendants had not obtained consent from several co-defendants.

In the Sept. 28 ruling, the U.S. District Court for the District of New Jersey found that the defendants were unable to overcome the “plainly obvious fact” that at least three of the defendants did not consent to removal within 30 days.

The underlying lawsuit involves claims asserted on behalf of Nilton Cacoilo, who was a member of the U.S. Marine Corps. While in the service, Cacoilo was …