Plaintiffs Move to Remand, Argue FHSA Doesn't Preempt State Law Claims

PHILADELPHIA -- Benzene plaintiffs have moved to remand their claims, arguing that the Federal Hazardous Substances Act does not preempt claims 'for purposes of conferring federal subject matter jurisdiction.' Farley, et al. v. Radiator Specialty Co., et al., No. 05-05059 (E.D. Pa.).

In the Nov. 10 motion to remand filed in the U.S. District Court for the Eastern District of Pennsylvania, the plaintiffs also contend that ordinary preemption is applicable in the case, as opposed to complete preemption.

'Concerning the concept of ordinary preemption, the fact that a defendant might ultimately prove that a plaintiff's claims are preempted does not …