Jurisdiction Dispute Resolved in Benzene Action

BENTON, Ill. -- A federal court judge has remanded a benzene action after the only defendant to remove the case settled with the plaintiffs. O'Brien, et al. v. Air Product & Chemicals, et al., No. 04-731 (S.D. Ill.).

In a January 24 order, the U.S. District Court for the Southern District of Illinois remanded the case, noting that no defendant other than Radiator Specialty had joined in the removal.

In a remand motion filed earlier with the court, the plaintiffs Jack and Edith O'Brien claimed that the Federal Hazardous Substances Act does not regulate their claims, and removal was …