United States Second Circuit

Dismissal of plaintiff's state law causes of action, involving claims that defendant retailer sold plaintiff a wood-finishing product that emitted harmful fumes, is vacated where the district court erroneously construed the Federal Hazardous Substances Act and its enabling regulations.

Appellate Information

• Decided 07/14/2006
• Published 07/17/2006

Judges

• DENNIS JACOBS, Circuit Judge., Before:  McLAUGHLIN, JACOBS, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Lawrence A. Doris, Palmeri & Gaven, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Daniel P. Gregory, Simmons, Jannace & Stagg, L.L.P., Syosset, NY, for Defendant-Cross-Claimant-Appellee Home Depot, Inc.