Matter of Hoosick Falls PFOA Cases

MEMORANDUM DECISION AND ORDER This Memorandum-Decision and Order pertains to I. INTRODUCTION   This action concerns allegations of tortious acts committed by: (1) operators of facilities that discharged or released perfluorooctanoic acid (“PFOA”) into the Village of Hoosick Falls’s (“Hoosick Falls” or the “Village”) water supply; and (2) several suppliers of those PFOAs. The plaintiffs — Kathleen Reece, Diane Bamrick, Mark Driscoll, Crystal Gates, Ryan Slowey, Ian Webber, and Lori Wyman (collectively, “Individual Plaintiffs”) — assert claims in their individual capacities (and several on behalf of an estate) against these facility operators and PFOA suppliers under New York State law for negligence, gross negligence, strict liability, and strict products liability. Some of the Individual Plaintiffs also assert claims for loss of consortium and wrongful death.¹ Individual Plaintiffs each bring claims against Saint-Gobain Corporation (“Saint- Gobain”) and its subsidiary, Saint-Gobain Performance Plastics Corporation (“SGPP”). Compl. Saint-Gobain moves to dismiss the Individual Plaintiffs’ cases pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction.² Individual Plaintiffs oppose the Motions to Dismiss,³ and Saint-Gobain has filed replies.⁴ For the following reasons, the Court denies all of the Motions to Dismiss and grants Individual Plaintiffs’ requests to conduct jurisdictional discovery. II. FACTUAL BACKGROUND The relevant allegations and assertions of fact appear to be as follows: A. Overview of Saint-Gobain and SGPP Saint-Gobain is incorporated and has its principal place of business in Pennsylvania. Compl. 20. SGPP, of which Saint-Gobain is the “parent” company, is incorporated in California and has its principal place of business in Pennsylvania. Id.

2, 18. “SGPP is a wholly owned subsidiary of Saint-Gobain Ceramics & Plastics, Inc., which is a subsidiary of Saint- Gobain Delaware Corporation, which is a subsidiary of Defendant Saint-Gobain.” Id. 19. And SGPP “is present in 16 countries in North American, Europe and Asia, and operates 45 manufacturing sites.” Id. 21. B. Overlap Between Saint-Gobain and SGPP Saint-Gobain “was actively involved in the management of, and decision-making by, SGPP, including issues relating to environmental health and safety” and the “disposal of hazardous or toxic substances and wastes by SGPP.” Id.