Pa. Court Remands Claims, Finds FHSA Doesn't Preclude State Law Claims

HARRISBURG, Pa. -- A Pennsylvania federal court has remanded a wrongful death action filed by the widow of a deceased plumber, finding that the Federal Hazardous Substances Act (FHSA) is 'not so powerful' that it precludes state law claims. Akins, et al. v. Radiator Specialty Co., et al., No. 05-451 (W.D. Pa.).

In a Sept. 29 order remanding Linda Akins' claims, the U.S. District Court for the Western District of Pennsylvania opined that the FHSA's preemptive force does not displace related state causes of action.

Linda Akins claims that her deceased husband, Dale, was exposed to the benzene-containing product Liquid …