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Judge Allows North Carolina GenX Class Action to Proceedby Andrew Whiteman

In a ruling filed on April 19, 2019, Judge James C. Dever III ruled that the plaintiffs may proceed with their class action lawsuit against E.I. DuPont de Nemours and Company (“DuPont”) and The Chemours Company FC, LLC (“Chemours”). The case is pending in the United States District Court for the Eastern District of North Carolina. In the lawsuit, the plaintiffs alleged that DuPont and Chemours discharged toxic chemicals, including GenX, from their Fayetteville Works plant into the Cape Fear River and surrounding air, soil, and groundwater. On March 2, 2018, the defendants moved to dismiss plaintiffs’ consolidated class action complaint. In the recent ruling, the Court granted the defendants’ motion in part and denied it in part. The Court ruled that the plaintiffs were entitled to proceed on their claims of negligence, gross negligence, private nuisance, and trespass to real property. The Court dismissed plaintiffs’ claims of negligence per se, public nuisance, and unjust enrichment. The Court also granted the defendant’s motion to dismiss plaintiffs’ request for injunctive relieve concerning medical monitoring, but allowed plaintiffs to proceed on their claims for damages for future medical expenses.

Judge Dever’s order may be found here.

For a news story concerning the ruling and comments by lead attorney Ted Leopold, click here.

A status conference in the cases is scheduled for April 25, 2019.

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Whiteman Law Firm, along with several other firms, is representing plaintiffs in class action lawsuits against DuPont and Chemours for environmental contamination of the air and water in southeastern North Carolina. In these lawsuits, the plaintiffs alleged that the defendants discharged toxic chemicals from their chemical production facility near Fayetteville, North Carolina into the surrounding air and water. The plant produces chemicals that are used to make non-stick coatings for cookware and other consumer products. Plaintiffs alleged that DuPont and Chemours knew that this family of chemicals is dangerous, but nevertheless dumped these chemicals into the air and water to avoid the expense of taking appropriate safety precautions while misleading regulators about the nature of their discharges.

Please contact us for more information.

 

Andrew Whiteman named to Professionalism Committeeby Andrew Whiteman

Attorney Andrew Whiteman was honored to be appointed to the Professionalism Committee of the Wake County Bar Association and the Tenth Judicial District Bar. The Committee promotes professionalism within the local bar and recognizes attorneys who embody the best values of the legal profession. Click here for more information about the work of the Committee.

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The attorneys of Whiteman Law Firm have represented clients in civil lawsuits and arbitrations for over three decades. The main focus of our practice is the representation of individuals in disputes with securities brokers and disability insurance companies. Please visit the Practice Areas section of our website or contact us to learn more about what we do.

 

Whiteman Law Firm attorneys participate in Hurricane Florence pro bono legal aid programby Andrew Whiteman

Attorneys at Whiteman Law FIrm are participating in a program that provides pro bono legal services to victims of Hurricane Florence. The program was established by the North Carolina Bar Association, Legal Aid of North Carolina, the American Bar Association, and the Federal Emergency Management Agency.

Click here to learn more about the Hurricane Florence legal aid program.

Whiteman Law Firm Launches Blogby Andrew Whiteman

The Whiteman Law Firm officially launched it’s company blog today. You can now view our blog posts at https://www.whiteman-law.com/blog/

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