January 2009
KBT&F Wins Ruling on Pre-Emption of State Law Failure-to-Warn Claims
Hector Torres,
Jack Atkin,
Maria Gorecki,
Kimberly Mack Rosenberg,
Aimee E. Torres
On January 2, 2009, KBT&F, 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. KBT&F 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. KBT&F New York partners Hector Torres, Jack Atkin and Maria Gorecki and associates Kim Mack Rosenberg and Aimee Torres represent Celanese, Ltd. in this action.