Philadelphia Court Denies Defense Efforts to Dismiss Benzene Claims on Preemption Grounds

PHILADELPHIA –– A Philadelphia trial court has denied motions by U.S. Steel Corp. and Radiator Specialty to dismiss a benzene lawsuit, rejecting the defendants’ position that the Federal Hazardous Substances Act preempted the claims.

In a March 10 online docket entry, the Pennsylvania Court of Common Pleas for Philadelphia County noted that, three days earlier, it had denied the motions, which attacked the plaintiffs’ claims on federal preemption grounds and based on “the alleged absence of evidence to support claims for strict liability, breach of warranty, negligence and gross negligence.”

David Butler and his wife, Teri Rhodes, filed the lawsuit …