Katherine Webster  |  February 25, 2021

Category: Lawsuit Settlements

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Firefighter uses foam to extinguish a fire - forever chemicals

DuPont de Nemours, Corteva and the Chemours Co. have announced they have committed $4 billion to cover liabilities for their past use of toxic “forever chemicals.”

The companies have agreed to pay $83 million to settle a related multidistrict litigation in Ohio, Bloomberg reported.

DuPont and Corteva will pay half of “certain qualified expenses” over the next 20 years, with Chemours paying the other half, according to Bloomberg.

DuPont and Corteva each will pay half of their first $300 million. After that amount is reached, DuPont will cover 71 percent and Corteva will cover 29 percent. 

The $83 million — of which DuPont and Corteva each will contribute $27 million, and Chemours will contribute $29 million — will resolve nearly 100 cases scheduled for trial in Columbus, Ohio, federal court, Bloomberg reported.

With this deal, DuPont and Chemours will have spent $753 million to resolve an estimated 3,600 lawsuits filed over the chemicals.

Firefighters use foam to extinguish a fire - forever chemicalsThe “forever chemicals” at issue are per- and polyfluoroalkyl substances (PFAS).

PFAS, which became popular in the 1950s and 1960s, are resistant to heat, water, and oil, and can be found in items such as nonstick cookware, fast food wrappers, water-resistant clothing, firefighting foam, and personal care products.

Exposure to PFAS may result in a variety of adverse health effects, including altered metabolism, fertility issues, damage to the immune system, and an increased risk of cancer, among others.

The companies’ arrangement updates previous agreements over PFAS after the entity formerly known as E.I. du Pont de Nemours and Co. split into the three companies during the last 10 years, according to Law360. DuPont de Nemours Inc. spun off from Corteva Inc. in June 2019, and Chemours split off from E. I. du Pont in 2015.

Chemours filed a lawsuit against DowDuPont in 2019, claiming it hadn’t agreed to cover “unlimited” liabilities, according to Bloomberg. In 2020, a judge ruled Chemours had to arbitrate the dispute. 

The companies said the settlement resolves that arbitration, which was ongoing.

The plaintiffs are represented by Michael London of Douglas & London PC, Robert A. Bilott of Taft Stettinius & Hollister LLP and Jon C. Conlin of Cory Watson Attorneys. 

The DuPont Forever Chemicals Liability Multidistrict Litigation is In re: E. I. du Pont de Nemours and Co. C-8 Personal Injury Litigation, Case No. 2:13-md-02433, in the  U.S. District Court for the Southern District of Ohio.

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