Defendants Back Removal of Benzene Suit, Say LPLA is Exclusive Remedy for Claims Against Non-Manufacturer Seller

NEW ORLEANS –– Defendants named in a benzene lawsuit have defended their decision to remove the suit to federal court, saying that a local store is alleged to have sold the gasoline that was manufactured by Shell and, under Louisiana law, a non-manufacturer seller is not liable for damages caused by the product “unless the non-manufacturer seller held the product out as its own.”

In an opposition brief filed on Nov. 8 in the U.S. District Court for the Eastern District of Louisiana, the defendants further said the Louisiana Products Liability Act (LPLA) is the exclusive avenue of recovery against …