Insurer Seeks Court’s Permission to Neither Defend nor Indemnify its Insured in PFAS Lawsuits

Admiral Insurance Company (“Admiral”) filed a complaint against one of its insured, Fire Dex, LLC (“Fire Dex”), seeking a declaration that it does not have to defend or indemnify Fire Dex in three underlying suits alleging that Fire Dex and other defendants manufactured, sold, and distributed fire protective gear and fire suppression foam containing PFAS,…

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City of Dayton, Ohio Seeks $310 Million from U.S. Air Force for Alleged PFAS Contamination

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…

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DuPont Appeals $40 Million Judgment in PFAS Injury Case

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…

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Judge Refuses DuPont’s Motion for Mistrial Following $50 Million Verdict

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…

Couple Sues Du Pont Over PFAS Contamination from Its Washington Works Facility

Plaintiffs, a married couple, sued Du Pont for PFAS contamination resulting from operation of its West Virginia Washington Works facility. Plaintiffs allege PFAS traveled from the facility via the Ohio River, contaminating their water supply in Ohio and thereby causing Plaintiff Sherman White’s kidney cancer. September 21, 2020 | White v. E.I. Du Pont de…