Radiator Specialty: Case is Preempted by FHSA Regulations

GALVESTON, Texas - Radiator Specialty Co. removed a Texas couple's benzene-related injury lawsuit, saying their claim was subject to federal matter jurisdiction because it is regulated by federal agencies. Lucas, et al. v. Radiator Specialty Co., et al. No. 3:05-cv-623 (S.D. Texas).

Troy L. and Shirley L. Lucas sued Radiator Specialty Co., United States Steel Corp., Marathon Oil Corp., ConocoPhillips Co., Occidental Chemical Corp., Diamond Shamrock Refining and Marketing Co., and Diamond Shamrock Refining Co. in the 23rd Judicial District Court of Brazoria County, Texas, on Sept. 29.

The Lucases say Troy worked for Occidental Chemical Corp., Diamond Shamrock Refining …