Court Remands Benzene Case, Finds FHSA Didn't Preempt State Law Claims

NEW YORK - The 2nd Circuit Court of Appeals has remanded a New York woman's benzene case against Home Deport and Parks Corp., finding that a district court erred in dismissing her state law cause of action because the Federal Hazardous Substance Act (FHSA) does not preempt her failure to warn claim. Richards v. Home Depot, et al. No. 05-5205-cv (2nd Cir. Ct. App.).

The appeals court vacated and remanded Curize O. M. Richards' case on July 14, finding that the U.S. District Court for the Southern District of New York erroneously dismissed Richards' claim for being preempted by the …