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Judge Allows North Carolina GenX Class Action to Proceedby Andrew Whiteman

Justice Word Engraved

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.


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.

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