Defendants Remove Benzene Case, Cite Fraudulent Joinder

ST. LOUIS -- The claims of a Florida couple who contend exposure to a variety of benzene-containing products caused the development of myelodysplastic syndrome have had their lawsuit removed to federal court, according to a recent filing. Whitehurst, et al. v. Safety-Kleen Systems Inc., et al., No. 09-00470 (E.D. Mo.).

In a notice of removal filed March 24 in the U.S. District Court for the Eastern District of Missouri, the defendants claimed that the federal court has subject matter jurisdiction because the amount in controversy exceeds $75,000.

In a first amended petition, filed March 18, plaintiffs Kenneth and Eleanor …