Radiator Specialty Asks Court to Consider Preemption Ruling from Separate Benzene Case

NEW ORLEANS -- A benzene defendant has asked the court to take into account a ruling in a separate benzene case in which a judge from the same district ruled that failure to warn claims, to the extent that they addressed the adequacy of the product's labels, were preempted by the Federal Hazardous Substances Act. Ventress, et al. v. Radiator Specialty Co., et al., No. 11-01419 (E.D. La.).

On Sept. 9, in a brief filed with the U.S. District Court for the Eastern District of Louisiana, Radiator Specialty noted the recent ruling and urged the court to consider it when …