Court Remands Claims, Rejects Conflict, Complete Preemption Arguments

JACKSON, Miss -- A federal court has remanded a benzene action, opining that while causes of action for defective labeling may be preempted by the Federal Hazardous Substances Act, causes of action for defective condition are not. Bynum, et al. v. First Chemical Corp., et al., No. 05-0022 (S.D. Miss.).

In the March 31 order, the U.S. District Court for the Southern District of Mississippi also opined that Radiator Specialty 'has not shown that there is no possibility that plaintiffs could establish a cause of action against the non-removing parties in state court.'

The claims are asserted by Mac and …