New Jersey Water Claims Survive Motion to Dismiss

New Jersey federal district court judge Madeline Cox Arleo denied DuPont and Corteva’s jurisdictional arguments and allowed water utility Suez Water New Jersey’s claims for public nuisance, economic injury, and product liability design-defect and failure-to-warn to survive the motion to dismiss. October 14, 2021 | Suez Water New Jersey, Inc. v. E.I. DuPont De Nemours,…

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Court Rejects Solvay’s Bid for Dismissal of New Jersey Residents’ Putative Class Action

Judge Noel L. Hillman of the U.S. District Court for the District of New Jersey denied Solvay’s motion to dismiss Plaintiffs’ tort claims stemming from alleged Teflon-related PFAS contamination, finding the putative class had sufficiently pled its claims and demonstrated standing. Judge Hillman only dismissed Plaintiffs’ punitive damages claim, leaving their other claimed damages—bodily, economic,…

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Court Rejects 3M’s Bid to Prevent Implementation of New Jersey PFAS Restrictions

In a one-page order, the Superior Court of New Jersey’s appellate division has rejected 3M and others’ attempt to stay implementation of New Jersey’s new PFAS drinking water restrictions. The court impliedly rejected 3M’s argument that the regulation would cause unreasonable costs and irreparable harm to New Jersey businesses and their customers, allowing implementation to…

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New Jersey Water Provider Sues PFAS Manufacturers Seeking Cleanup Funding

Suez Water New Jersey Inc., which provides water for approximately 1.5 million New Jersey residents, has sued PFAS manufacturers for contamination to its water systems. Suez claims the contamination will result in extensive monitoring and remedial costs to comply with new state PFAS-related standards. The complaint alleges claims for nuisance, negligence, trespass, and strict liability,…

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Third Circuit Sides with 3M, Sending PFAS Securities Fraud Class Action to Minnesota

The Third Circuit Court of Appeals ruled in 3M’s favor, sending a securities fraud class action—alleging that 3M underrepresented its potential PFAS-related liability and failed to maintain adequate reserves for such liabilities—from New Jersey to Minnesota. The Court emphasized that, despite the environmental harms involved being in New Jersey, other factors, such as the location…