Benzene, Sherwin Williams, White and Acute Myeloid Leukemia (AML)


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Benzene, Sherwin Williams, White and Acute Myeloid Leukemia (AML) is a recent case – in the Eastern District of Louisiana – about a claims of exposure to benzene, toluene, xylene, and other solvents in the defendant’s product(s) caused or contributed to the child’s development of Acute Myeloid Leukemia (AML) or cancer. A brief summary of the Benzene, Sherwin Williams, White and Acute Myeloid Leukemia (AML) case follows:

  • Plaintiffs filed this suit against Defendants in state court.
  • The complaint alleges that while Plaintiff Jenna White was pregnant with her son, Justin, she was exposed to multiple products manufactured and/or sold by Defendants.
  • Plaintiffs contend that exposure to these products proximately caused her son’s acute myeloid leukemia (“AML”). Specifically, Plaintiffs’ complaint alleges that the products manufactured and/or sold by Defendants contain “toxic levels of benzene, benzene-containing products, toluene, xylene, and other solvents.”
  • Plaintiffs’ complaint solely employs state law theories of recovery, including negligence, gross negligence, strict liability, and Louisiana’s Products Liability Act (“LPLA”). Plaintiffs allege that Defendants are liable under these theories of recovery because they “failed to warn Plaintiffs about the health hazards associated with benzene, toluene, xylene, and other solvents;” they breached their duty to design products made without benzene and to recall products with health hazards; and they manufactured and/or sold products that were “[u]nreasonably dangerous in construction, composition, design, and in inadequate warnings.”
  • Defendants timely removed the suit to federal court on the basis of federal question jurisdiction pursuant to 28 U.S.C. §§ 1331, 1441(a), and 1441(c). Defendants contend that this Court has federal question jurisdiction because Plaintiffs’ claims are preempted by the Federal Hazardous Substances Act (“FHSA” or “the Act”), rendering them as “arising under” the laws of the United States.
  • Plaintiffs subsequently filed the instant Motion to Remand.

For more on the Benzene, Sherwin Williams, White and Acute Myeloid Leukemia (AML) case in the United States District Court, E.D. Louisiana, please follow this link: Benzene, Sherwin Williams, White and Acute Myeloid Leukemia (AML)


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