Court: FHSA Doesn't Qualify as Complete Preemption Exception

PITTSBURGH -- A Federal Court has remanded a benzene action, stressing that federal preemption is 'nothing more than a defense to a state law claim,' and does not automatically convert state law claims into a federal question for purposes of determining jurisdiction. Cardello, et al. v. CRC Industries, et al., No. 05-1773 (W.D. Pa.).

In the May 31 opinion, Judge Gary L. Lancaster of the U.S. District Court for the Western District of Pennsylvania refused to recognize an exception that would allow complete preemption of the plaintiffs' state law failure-to-warn claims.

In remanding the claims of Michael and Tracy …