Court Denies Motion to Reconsider Remand Order

JACKSON, Miss. -- A federal court has rejected Radiator Specialty's attempt to cite the Consumer Product Safety Act in asking the court to reconsider a remand motion, saying that the Act does not preempt the plaintiffs' state law and common law claims. Bynum, et al. v. First Chemical Corp., et al., No. 05-0022 (S.D. Miss.).

The U.S. District Court for the Southern District of Mississippi on March 20 denied the motion to reconsider, adhering to its previous decision to remand the case to state court.

"The Consumer Product Safety Act does not 'replace' or completely preempt plaintiffs' state law and …