Radiator Specialty Asserts Federal Hazardous Substances Act in Removal

DALLAS -- Radiator Specialty has removed the claims of a plaintiff who alleges that benzene exposure caused his leukemia, saying that the Federal Hazardous Substances Act applies to the claims. Palmer, et al. v. Safety-Kleen Systems, et al., No. 05-1422 (N.D. Texas).

The July 18 removal to the U.S. District Court for the Northern District of Texas says that as soon as the plaintiff alleged exposure to a benzene-containing product, the application of the FHSA and accompanying Consumer Product Safety Commission regulations were triggered.

In removing the claims, Radiator Specialty argued that the product to which the plaintiff alleges exposure …