Fla. Court Denies Efforts to Dismiss Contractual, Common Law Indemnity Cross-Claims in Benzene Suit

FT. MYERS, Fla. –– A Florida federal court has denied W.M. Barr & Company Inc.’s efforts to dismiss cross-claims asserted against it in a benzene case, concluding that Ace Hardware Corp. had sufficiently brought contractual and common law indemnity claims at this stage in the litigation.

In the June 3 order, the U.S. District Court for the Middle District of Florida wrote that, if proven true, Ace Hardware’s stance that it did not design or market the benzene-containing products was enough to satisfy both indemnity claims.

Gaetana Sorvillo filed the underlying action, alleging that her use of paint removers, wood …