Defendants Seek Dismissal on Product ID and Federal Preemption Grounds

TYLER, Texas -- Several defendants seek dismissal of Texas federal benzene claims on a variety of grounds, including the failure to establish product identification and protection under the Federal Hazardous Substances Act. Oakley, et al. v. Air Products and Chemicals Inc., et al., No. 07-351 (E.D. Texas).

In the October motions filed in the U.S. District Court for the Eastern District of Texas, the defendants also challenge testimony proffered by the plaintiff, saying that the methods for calculating exposure dosage fails.

Robert and Irene Oakley contend that Robert's exposure to benzene-containing products while working as a laboratory technician, pipefitter …