Insurers Avoid Obligation to Defend New York Manufacturer, Tonoga, Against PFAS Suits

A five-judge panel in New York state appellate court affirmed a lower court’s ruling that two pollution exclusions apply in Tonoga Inc.’s general liability insurance policies with New Hamshire and Granite State Insurance Cos. From 1961 until 2013, Tonoga manufactured materials coated with nonstick, heat-resistant synthetic polymer polytetrafluoroethylene. Its manufacturing process created byproducts of PFOA…

Southern District of New York Dismisses Contamination Suit Against DuPont and Denies Successor Jurisdiction Against DuPont Entities

The Southern District of New York dismissed without prejudice a lawsuit filed by water management company Suez Water New York Inc. against E.I. du Pont Nemours & Company and its spinoffs for allegedly contaminating the state’s waterways and groundwater through the manufacture and disposal of perfluoroalkyl and polyfluoroalkyl substances. The court determined that Suez Water’s…

Court Rejects DuPont’s Attempt to Halt Settlement Deal in New York Proposed Class PFOA Case

A New York federal court rejected DuPont’s attempt to stop the preliminary approval of the settlement deal reached between a proposed class of residents alleging PFOA contamination and Saint-Gobain, 3M, and Honeywell. DuPont expressed concerns that the settlement hinders its ability to get a fair outcome as it continues in litigation, including the settlement agreement’s…

Proposed New York Class Requests Preliminary Approval for $65 Million Settlement in PFOA Contamination Case

A proposed class of hundreds of residents in New York allegedly affected by water contaminated by PFOA asked a federal court in New York to preliminarily approve a $65.25 million settlement with Saint-Gobain, 3M, and Honeywell. The proposed deal did not settle with the fourth named defendant, E.I. DuPont de Nemours & Co. This settlement…

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New York PFAS Contamination Case Survives Motion to Dismiss

The District Court for the Northern District of New York denied a motion to dismiss a group of New York residents’ personal injury claims against 3M, DuPont, Honeywell, and Saint-Goban Performance Plastics. The residents alleged that the chemical companies contaminated their drinking water with PFAS. However, some plaintiffs failed to produce authorizations for medical and…