Benzene Plaintiffs Oppose Motion to Transfer Proceedings

PHILADELPHIA ---- Plaintiffs asserting benzene claims have opposed Radiator Specialty's motion to transfer the proceedings, claiming that the defendant waived its right to object to venue by answering the complaint. Ellett, et al. v. Radiator Specialty Co., et al., No. 05-2060 (E.D. Pa.).

The plaintiffs contend in an Aug. 3 opposition filed in the U.S. District Court for the Eastern District of Pennsylvania that if a challenge to venue is not brought before or in conjunction with a defendant's first responsive pleading, it is precluded.

In a July 19 motion, Radiator Specialty filed a motion to transfer a benzene lawsuit, …