Plaintiffs: Court Can't Assume Exposure to Benzene Occurred on Federal Enclave

CAMDEN, N.J. -- Plaintiffs in a case involving a U.S. Marine's exposure to benzene have backed their motion to remand by contending that the defendants cannot overcome procedural deficiencies in their removal notice. Cacoilo, et al. v. The Sherwin Williams Co., et al., No. 11-07039 (D. N.J.).

In the Jan. 30 reply brief filed in the U.S. District Court for the District of New Jersey, the plaintiffs also restate their position that the decedent was not exposed on a portion of Camp Pendleton that was under exclusive federal jurisdiction.

The underlying lawsuit involves claims asserted on behalf of Nilton …