Benzene Plaintiff Moves to Remand Claims, Says Claims Against Non-Diverse Defendant are Viable

NEW ORLEANS –– A benzene plaintiff has moved to remand his lawsuit, contending that he has adequately pled claims against the lone non-diverse defendant named in the action.

The plaintiff asked the U.S. District Court for the Eastern District of Louisiana court to remand his suit in a motion filed May 12.

Plaintiff Edward McPhate contends in his lawsuit that he developed non-Hodgkin’s lymphoma as a result of exposure to benzene-containing products he encountered while working as a truck driver loading and unloading petroleum products.

Murphy Oil USA Inc. removed the case, however, contending that non-diverse defendant Schneider National Bulk …