Lawsuits pile up against PFAS companies

Lawsuits aimed at holding the chemical companies responsible for contaminating the Cape Fear River with harmful PFAS chemicals have been gaining traction in the past couple of months. 

Since October, dozens of individual plaintiffs in the Cape Fear region have joined in filing lawsuits against DuPont and its offshoots, Chemours and Corteva. These filings range from property damages and personal injury filings to class action, including 100,000 North Carolina residents that a federal judge approved for a class action lawsuit against the companies on Oct. 5. 

Local residents have also self-reported to be participating in the legal action against the companies. In a survey conducted by CityView about the recent lawsuits, of the 15 responses received, 40% of respondents said they had filed a lawsuit against Chemours, DuPont or Corteva. Of those who had filed, more than half were doing so for property damages, 14% for personal injury and over 28% were part of a class action. To take the survey, click here.

This story will be updated with additional information pertaining to recent court actions and filings as they occur, as well as more information about the next steps after a lawsuit has been filed. 

Here is a list of the recent regional and local court actions and filings by individual plaintiffs against Chemours, DuPont and Corteva: 

Dew et al v. E.I. du Pont de Nemours and Company, et al & O'Brien et al v. E.I. du Pont De Nemours and Company, et al

• Since 2018, in two consolidated lawsuits, over 2,300 individual plaintiffs have filed complaints with Baron & Budd and Seagle Law against Chemours and DuPont. The plaintiffs in the consolidated lawsuits own properties that they allege have been contaminated with PFAS from the Fayetteville Works plant from groundwater, surface water, soil and air. 
• The latest filings occurred on Dec. 14, when 17 more plaintiffs joined the lawsuit. 
• The first six “bellwether” cases of the lawsuit group are expected to go to trial in the spring.

• The parties submitted a joint motion for a pre-trial conference on Dec. 11 to determine whether to have individual trials for each of the six first plaintiffs, which is being sought by the property-owners, or to have a group trial, which is being sought by Chemours and DuPont.  
• The discovery period in which the parties exchange information about evidence for the trial is over, and the plaintiffs and defendants must submit “dispositive motions” by Feb. 12. These motions are aimed at resolving the case without going to trial. 
• According to North Carolina law, the deadline to file a dispositive motion is 60 days prior to the hearing date, meaning the trials will likely occur on or before April 12. 

Baker et al v. Corteva, Inc. et al

• On Dec. 8, 23 plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for property damages as a result of the alleged PFAS contamination. 
• The plaintiffs are property owners in Cumberland, New Hanover, Brunswick, Bladen and Pender counties. 

Brown et al v. Corteva, Inc. et al

• On Oct. 6, four plaintiffs filed complaints with Napoli Shkolnik and NSPR Law Service against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injuries and property damage they attribute to exposure of the PFAS contaminants. 
• The plaintiffs are residents of Cumberland, New Hanover and Pender counties

Ritchie et al v. Corteva, Inc. et al

• On Oct. 23, three plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injuries and property damage they attribute to exposure of the PFAS contaminants produced by the companies. 
• The plaintiffs are residents of New Hanover and Cumberland counties. One plaintiff is a resident of Yancy County but resided in New Hanover County during the time of alleged exposure to the PFAS contaminants. 

Boone et al v. Corteva, Inc. et al

• On Oct. 31, nine plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injuries and property damage they attribute to exposure of the PFAS contaminants produced by the companies. 
• The plaintiffs are residents of New Hanover, Brunswick and Cumberland counties. 

Godwin et al v. Corteva, Inc. et al

• On Nov. 3, six plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injuries and property damage they attribute to exposure of the PFAS contaminants produced by the companies. 
• The plaintiffs are residents of Cumberland, New Hanover and Brunswick counties. 

Bartholomew et al v. Corteva, Inc. et al

• On Nov. 10, four plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injuries and property damage they attribute to exposure of the PFAS contaminants produced by the companies. 
• The plaintiffs are residents of New Hanover, Brunswick and Cumberland counties. 

Aaron et al v. Corteva, Inc. et al

• On Nov. 17, 11 individual plaintiffs filed complaints with NSPR Law Services and Napoli Shkolnik against Chemours, DuPont and Corteva over allegedly discharging PFAS into the air and water supply in and around the Cape Fear River, including drinking water supply. 
• The plaintiffs are seeking recourse for personal injury and property damages as a result of the alleged PFAS contamination. 
• The plaintiffs are residents of Cumberland, New Hanover, Brunswick and Pender counties.

Contact Evey Weisblat at cityviewnc.com or 216-527-3608. 

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