Plaintiffs Move to Remand, Refute Applicability of Federal Hazardous Substances Act

BENTON, Ill. -- Plaintiffs alleging exposure to benzene have opposed the defendants' removal of the lawsuit, claiming that the Federal Hazardous Substances Act does not regulate their claims. O'Brien, et al. v. Air Products and Chemicals, et al., No. 04-731-GPM (S.D. Ill.).

In a motion filed Jan. 27 in the U.S. District Court for the Southern District of Illinois, plaintiffs Jack and Edith O'Brien also claim that all of the defendants did not properly join in the removal.

According to the motion to remand, the defendants removed the lawsuit under the Federal Hazardous Substances Act. However, the O'Briens claim …