“‘Fast and Loose’: Plaintiffs Respond to Motion to Dismiss GenX Case,” Triangle Business Journal

Plaintiffs in the recently consolidated GenX class-action lawsuit against DuPont and former wholly-owned subsidiary Chemours have filed a response to the defendants’ motion to dismiss the case.

“In their motion to dismiss, defendants are once again playing fast and loose with the law and the truth, applying the wrong standard of review, ignoring longstanding principles of tort law, and falsely claiming that essential allegations are missing from the consolidated amended class action complaint,” plaintiffs' counsel states in a motion filed in federal court.  

The consolidated class-action complaint was filed at the end of January by co-lead counsel for the class Cohen Milstein Sellers & Toll and Susman Godfrey.

DuPont and Chemours have owned and operated Fayetteville Works, a site along the Cape Fear River, since the 1970s. The defendants allegedly began discharging GenX into the Cape Fear River in 1980 as a byproduct of manufactured vinyls and since 2009 as a replacement to other chemicals manufactured commercially.

Among other damages, plaintiffs are seeking “an injunctive order to remediate the harm caused by defendants’ conduct including, but not limited to: repairs of private property, funding of an epidemiological study to investigate the full scope of the health impact of GenX and other PFCs on the affected population, and establishment of medical monitoring to provide health care and other appropriate services.”

The full article can be accessed here.