Benzene Defendant Claims Federal Regulations Apply to Mechanic's Lawsuit

SYRACUSE, N.Y. -- Radiator Specialty has removed a benzene lawsuit, claiming that federal statutes apply because the plaintiff alleges exposure in the workplace. Riley v. A.W. Chesterton Co., et al., No. 7:05cv-00668-TJM-GJD (N.D. N.Y.).

In the May 31 removal to the U.S. District Court for the Northern District of New York, Radiator Specialty asserted the Consumer Product Safety Commission applies to the plaintiff's claims.

'If there is any cause of action for a failure to warn or instruct a person in the proper and safe use of a benzene-containing hazardous consumer product, it arises under the laws of the United …