Court Remands Benzene Claims, Finds Complaint Filed After Bankruptcy Plan Confirmed

ABERDEEN, Miss. -- A federal court has remanded a benzene lawsuit, opining that federal jurisdiction was not proper because the plaintiffs filed the instant lawsuit after their bankruptcy plan was confirmed. Simmons, et al. v. First Chemical Corp., et al., No. 05-0002 (N.D. Miss.).

In the Sept. 21 order, the U.S. District Court for the Northern District of Mississippi noted that while the plaintiff's timing of filing the lawsuit was 'suspicious,' this suspicion was not evidence of fraud.

Plaintiffs Watson and Mary Simmons allege that Watson's exposure to several carcinogenic materials, including benzene, caused his Non-Hodgkin's lymphoma. The defendants removed …