Ohio

The City of Dayton, Ohio filed a complaint under the Federal Tort Claims Act against the United States for alleged PFAS contamination of the City’s drinking water supply originating from a nearby Air Force base. The Wright-Patterson Air Force Base had been using firefighting foam that contained PFAS since 1970. Although the Ohio EPA ordered the Base to clean up the chemicals in 2016, plaintiffs allege that the Base never proposed or implemented any remediation actions.  The complaint alleges claims for public nuisance and continued trespass and seeks reimbursement for past, present, and future cleanup costs.

May 3, 2021 | City of Dayton v. United States, No. 3:21-cv-00135 (S.D. Ohio)

DuPont appealed the U.S. District Court for the Southern District of Ohio’s judgment in a PFAS exposure case that required the company to pay the plaintiff, a cancer survivor, $40 million. The case is part of a group of lawsuits by Ohio and West Virginia residents who alleged that DuPont’s plant in Parkersburg, West Virginia contaminated their drinking water. DuPont is appealing all previous judgments in the case. The company unsuccessfully sought a new trial but prevailed on its request to lower the $10 million award to the victim’s wife for loss of consortium.

April 27, 2021 | In re E.I. du Pont de Nemours & Co. C-8 Personal Injury Litigation, No. 2:13-md-2433 (S.D. Ohio)

Despite allegations that the judge’s bias affected the trial’s outcome, the district court rejected DuPont’s motion for mistrial. DuPont’s motion followed the jury’s issuance of a $50 million verdict to the cancer survivor plaintiff, who alleged damages from PFAS contamination.

December 31, 2020 | Abbott v. E.I. du Pont e Nemours & Co., No. 2:17-cv-998 (S.D. Ohio)