Plaintiffs Oppose Motion to Dismiss Based on Product ID Requirements

PHILADELPHIA -- Plaintiffs involved in an acute myelogenous leukemia lawsuit have opposed Acuity Specialty Products Groups' motion to dismiss, stating that their complaint states sufficient facts for strict products liability, negligence and breach of warranty claims. Ellett, et al. v. Radiator Specialty Co., et al., No. 05-2060 (E.D. Pa.).

The June 7 response filed in the U.S. District Court for the Eastern District of Pennsylvania also opposes the defendant's contention that Tennessee law applies to the claims. Acuity claimed in its motion that Tennessee law applies because that is where the plaintiffs allege exposure occurred.

The plaintiffs have asserted claims …