April 22, 2019


Judge Denies Defendants’ Motion to Dismiss; Case Moves into Discovery Phase

A lead attorney in the class action lawsuit brought by North Carolina residents and business owners over the hazardous water contamination issues caused by illegal dumping of toxic materials into the Cape Fear River by Dupont and Chemours issued the following statement regarding a Friday decision by a federal judge to deny the Defendants’ motion to dismiss the case:

“This decision brings us one step closer to justice for the thousands of North Carolinians whose health and wellbeing were upended because of Dupont and Chemours’s reckless contamination of their drinking water,” said Ted Leopold, Partner at Cohen Milstein Sellers & Toll and co-lead counsel for the plaintiffs in the case. “North Carolinians can breathe a little easier knowing they have the assurance of seeking financial relief for future medical expenses that could cripple a family and are the result of the companies’ irresponsible behavior. We are pleased to be moving forward to help the people of North Carolina get the closure and resolution they deserve.”

Mr. Leopold, a Partner at national plaintiffs’ firm Cohen Milstein Sellers & Toll and Chair of the firm’s Complex Tort Litigation practice, is Co-Lead Plaintiffs’ Counsel in Carey, et al. v. E.I. du Pont de Nemours & Co., et al. with Steve Morrissey, a Partner at Susman Godfrey LLP.

The Friday ruling by Judge James C. Dever III of the U.S District Court for the Eastern District of North Carolina, Southern Division, allows the plaintiffs to pursue the bulk of their claims, including negligence, gross negligence, private nuisance, and trespass. The Court also held that Plaintiffs may seek damages for future medical expenses. The case will now move into discovery.

Additional information about the case is available here.


About Cohen Milstein Sellers & Toll

Cohen Milstein Sellers & Toll PLLC is recognized as one of the premier law firms in the country handling major, complex plaintiff-side litigation. With more than 100 attorneys, Cohen Milstein has offices in Washington, D.C., Chicago, Ill., New York, N.Y., Palm Beach Gardens, Fla., Philadelphia, Pa. and Raleigh, N.C. For additional information, visit www.cohenmilstein.com or call 561-515-1400.

About Susman Godfrey LLP

For more than forty years, Susman Godfrey LLP has focused its nationally recognized practice on just one thing: high-stakes commercial litigation. We are one of the nation's leading litigation boutique law firms with offices in Houston, Seattle, Los Angeles and New York. We have a unique perspective, the will to win, and an uncommon structure, which taken together provide the way to win. For more information, visit http://www.susmangodfrey.com or call 206-373-7380.