Benzene Lawsuit Remanded After Court Rejects Preemption Under FHSA

GALVESTON, Texas - Saying that claims alleging non-compliance with the Federal Hazardous Substances Act are not subject to preemption, a federal court has remanded a benzene lawsuit to the state court where it was originally filed. Lucas, et al. v. Radiator Specialty, et al., No. 05-00623 (S.D. Texas).

The U.S. District Court for the Southern District of Texas determined on Feb. 27 that the FHSA does not provide for a private federal cause of action.

Plaintiffs Troy Leon Lucas and Shirley Lee Lucas contend that Troy Lucas was exposed to benzene. Radiator Specialty removed the complaint, contending that the …