October 1, 2008
Judge rejects C8 class action case against DuPont
Advertiser

CHARLESTON, W.Va. -- Thousands of people who drank Parkersburg city water contaminated with C8 cannot sue DuPont Co. in a class action lawsuit over the company's pollution, a federal judge has ruled.

Chief U.S. District Judge Joseph R. Goodwin has refused to certify a class of residents in a suit that sought medical monitoring for C8-related illnesses.

Click here to read Goodwin's ruling

The case is being closely watched around the country, with DuPont facing a similar lawsuit in New Jersey and two dozen state-level class action suits that allege C8 leached from Teflon-coated pans.

In a 32-page opinion issued Tuesday, Goodwin said lawyers for Parkersburg residents "presented compelling evidence exposure to C8 may be harmful to human health, and the evidence justifies the concerns expressed by plaintiffs in this case."

But the judge said he remained unconvinced the lawsuit was proper for handling as a single class action, rather than many multiple individual suits.

"I cannot certify a class based on some potential harm to the general public, rather, there must be specific injuries to each member of the proposed class," Goodwin wrote. "The fact that a public health risk may exist is more than enough to raise concern in the community and call government agencies to action, but it does not show the common individual injuries needed to certify a class action."

C8 is another name for ammonium perfluorooctanoate, or PFOA. DuPont has used the chemical since the 1950s at its Washington Works plant south of Parkersburg. C8 is a processing agent used to make Teflon and other nonstick products, oil-resistant paper packaging and stain-resistant textiles.

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Posted By: Anonymous (10:47pm 10-01-2008)
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Under a 2005 federal, the federal courts must handle proposed class actions involve significant amounts of money or parties from different states. So the follow-up case against DuPont ended up in federal court.

"Under a 2005 Federal" what? Federal Law. the Class Action Fairness Act. Come on Charleston Gazette spell checkers.

Posted By: Anonymous (7:42pm 10-01-2008)
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That's ridiculous. Once again, polluting industry is put ahead of citizens' health in WV.

Posted By: Anonymous (1:29pm 10-01-2008)
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If WE cannot sue them for poisioning us, can you make them pay my medical bills because of what they did?

ATW

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