Missouri Federal Court Remands Benzene Case, Says Defendant Asserting ‘Innocent Seller’ Defense Wasn’t Fraudulently Joined

KANSAS CITY, Mo. –– A Missouri federal court has remanded a benzene action, ruling that a defendant which had been previously dismissed from the case after asserting the innocent seller defense was not fraudulently joined.

In the Feb. 26 order, the U.S. District Court for the Western District of Missouri quoted recent appellate court precedent, in which the U.S. Court of Appeals for the 8th Circuit found in a similar case that the “innocent seller” defendant “remains functionally a party, susceptible of reinstatement at any time before judgment.”

Wade Wiederhold filed the complaint, contending that he was exposed to benzene-containing …