Boaters' Ethanol Class Action V. Exxon Survives

Law360, New York (January 22, 2009, 12:00 AM EST) -- A federal judge has refused to dismiss a proposed class action that accuses the world's largest oil companies, including Exxon Mobil Corp. and BP Products North America Inc., of failing to warn Florida boat owners about the risk of using ethanol-blended gasoline.

Judge Cecilia M. Altonaga of the U.S. District Court for the Southern District of Florida on Tuesday ruled that the plaintiffs' failure-to-warn claim was not preempted by state and federal law, as the oil companies had argued.

The failure-to-warn allegation is the final claim...
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