Benzene Defendants: Pennsylvania Claims Preempted by Federal Hazardous Substances Act

PHILADELPHIA –– Defendants named in a Philadelphia benzene action have asked the court to dismiss the case on preemption grounds, arguing that the Federal Hazardous Substances Act bars the claims.

In separate Jan. 2 motions filed in the Pennsylvania Court of Common Pleas for Philadelphia County, the defendants point to other courts from across the country that have rejected similar failure-to-warn claims.

David Butler and his wife, Teri Rhodes, filed the lawsuit after David Butler developed Myelodysplastic Syndrome and Acute Myelogenous Leukemia. The illnesses were caused, Butler contended, by exposure to benzene-containing products he worked with while employed as a …