Kasowitz Wins Ruling on Pre-Emption of State Law Failure-to-Warn Claims

Kasowitz Wins Ruling on Pre-Emption of State Law Failure-to-Warn Claims

On January 2, 2009, Kasowitz, on behalf of Celanese Ltd., won an important victory for Celanese and co-defendants in several, related products liability cases in a New Jersey state court arising from plaintiffs' alleged occupational exposure to chemicals. Kasowitz previously had argued successfully to the trial and appellate courts in these cases that federal pre-emption under the Hazard Communications Standard ("HazCom") barred plaintiffs’ state law failure-to-warn claims. Celanese and other defendants successfully established, in the context of summary judgment hearings in the trial court, that their warnings fully complied with HazCom. Kasowitz New York partners Hector Torres and Jack Atkin represent Celanese, Ltd. in this action.