News & Analysis as of

Negligence › Drinking Water › Contamination

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/Common Law Action: City of Savannah, Georgia Files Judicial Action Against Various Companies in Superior Court of Chatham...

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The City of Savannah, Georgia on February 5th filed a Complaint in the Superior Court of Chatham County, Georgia against a number of companies alleging damages related to per- and poly-fluoroalkyl substances (“PFAS”). See...more

MG+M The Law Firm

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

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Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

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Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

Lowenstein Sandler LLP

Second Circuit Upholds Medical Monitoring Claim in Litigation Arising From PFOA Groundwater Contamination

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On May 18, the U.S. Court of Appeals for the Second Circuit decided in Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L), slip op., __ F.3d ___ (2d Cir. 2020), that, under New York law, the...more

Harris Beach Murtha PLLC

Bonaventure v. Town of Wilton

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A recent Superior Court decision raises important questions about the scope of municipal liability. While the nature of the proceeding (a motion for summary judgment) and the venue (Connecticut Superior Court) limit the...more

Beveridge & Diamond PC

Second Circuit Affirms Dismissal of Water Contamination Action as Untimely

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In a decision addressing the unique accrual issues arising in a groundwater contamination action, the Second Circuit affirmed a decision dismissing the Bethpage Water District’s (the “District”) action as untimely. Bethpage...more

Beveridge & Diamond PC

Jury in C-8 Exposure Case Awards $1.6M in Compensatory Damages, Denies Punitives

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An Ohio federal jury in October handed out the first verdict in multi-district litigation (“MDL”) against E.I. DuPont de Nemours and Co. related to ammonium perfluorooctanoate, or C-8, in drinking water around DuPont’s...more

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