Chemours class action overview:
- Who: The Chemours Co. and DuPont are facing a set of certified classes and subclasses alleging damages led by Plaintiffs Victoria Carey, Marie Burris, Michael Kiser and Brent Nix.
- Why: The companies face lawsuits claiming their discharge of per- and polyfluoroalkyl substances (PFAS), referred to as “forever chemicals,” in North Carolina led to damages to water systems and those who needed to purchase bottled water.
- Where: The class action is being heard in federal court in North Carolina.
The Chemours Co. and DuPont will continue to face a class action lawsuit in North Carolina after a federal judge approved a series of subclasses in the Chemours forever chemicals class action.
The companies are accused of contaminating water supplies with per- and polyfluoroalkyl substances (PFAS), referred to as “forever chemicals,” from Fayetteville Works on the Cape Fear River. The companies are accused of sending 17 different chemicals into the Cape Fear River.
The certified classes include those living in Bladen, Brunswick, Cumberland, New Hanover or Pender counties in North Carolina that draw water from or obtain water drawn from the Cape Fear River downstream of Fayetteville Works or any person who receives groundwater that includes the Fayetteville Works PFAS.
The subclasses include property owners who needed to replace water heaters or water systems, those who needed to purchase bottled water due to contamination.
The plaintiffs in the DuPont forever chemicals lawsuit include Victoria Carey, Marie Burris, Michael Kiser and Brent Nix. Nix claimed to have purchased more than $100 a month in bottled water due to the contamination.
PFAS contamination would not affect all property values uniformly, judge rules
One subclass that was not approved in the Chemours class action was one claiming that the chemicals decreased property values across the region.
“Outside of putting a dollar value on how PFAS contamination affects general enjoyment of a property, the extent of alleged PFAS contamination will affect a property’s diminution in value in the market,” U.S. District Judge James C. Dever III wrote in the DuPont class action class certification. “The court credits the report of defendants’ expert Jennifer Pitts, who opines that the alleged PFAS contamination would not affect each property uniformly. “
A federal court in South Carolina recently preliminarily approved a $1.2 billion settlement between DuPont, Chemours, Corteva and over 300 drinking water suppliers over the release of “forever chemicals” into drinking water.
Has groundwater in your area been found to contain PFAS forever chemicals? Let us know in the comments.
The consolidated Chemours forever chemicals class action lawsuit includes Nix v. The Chemours Co., Case No. 7:17-CV-189-D, Morton v. The Chemours Co., Case No. 7:17-CV-197-D and Carey v. E.I. DuPont De Nemours and Co., et al., Case No. 7:17-CV-201-D in the U.S. District Court for the Eastern District of North Carolina Southern Division.
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