Newly Added Benzene Defendant Seeks Dismissal for Lack of Jurisdiction

PHOENIX -- A defendant who has been added, dismissed and re-added to a benzene lawsuit has filed a motion to dismiss the claims, saying that the court now lacks subject matter jurisdiction. Overson, et al. v. Berryman Products, et al., No. 06-2880 (D. Ariz.).

In the July 20 motion to dismiss, Canyon State Oil says that the U.S. District Court for the District of Arizona lacks subject matter jurisdiction now that the defendant has been re-added to the lawsuit, noting that "two district judges in this case have already made that determination on the record."

Canyon State Oil specifically contends …