April 22, 2019

DuPont Co. and Chemours Co. will have to face a trimmed version of a proposed class action alleging that the companies failed to stop toxic chemicals from a North Carolina factory from polluting the Cape Fear River, according to a Friday filing in North Carolina federal court.

U.S. District Judge James C. Dever issued an order on Friday explaining his March 26 ruling that kept alive most of the claims by residents of areas that get their drinking water mainly from the Cape Fear River. The residents say the companies dumped harmful chemicals, including one called GenX, into the river, leading to health complications such as ulcers, cancers and thyroid problems.

Plaintiff attorney Ted Leopold of Cohen Milstein Sellers & Toll PLLC told Law360 on Monday that his clients were happy with the court’s ruling.

“We look forward now to being able to begin to start discovery and litigation on the matter,” Leopold said.

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