Safety-Kleen Moves to Dismiss, Asserts Bankruptcy Protection

BALTIMORE -- Safety-Kleen Corp. has moved to dismiss a benzene lawsuit, claiming its Bankruptcy Confirmation Order discharges all claims or causes of action asserted against the company. Bailey, et al. v. BWD Automotive, et al., No. 04-2078 (D. Md.).

In a Feb. 15 motion filed in the U.S. District Court for the District of Maryland, the defendant contends that since the plaintiff alleges exposure to benzene before the commencement of the bankruptcy proceedings, the claims are discharged by the Bankruptcy Confirmation Order.

According to the motion, Safety-Kleen sought bankruptcy protection in June 2000 and its Reorganization Plan went into effect …