Publication Date: 2021-12-07
Practice Area: Toxic Torts
Industry: Chemicals and Materials
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Kimberly Ann Evans, Kyle John Mcgee, Kelly L. Tucker, Grant & Eisenhofer, P.A., Wilmington, DE; Frank M. Petosa, Marcio W. Valladares, Michael Ram, Rene F. Rocha, T. Michael Morgan, Morgan & Morgan, Fort Lauderdale, FL for plaintiff.
for defendant: Kenneth J. Nachbar, Miranda N. Gilbert, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Zi-Xiang Shen, Delaware Department of Justice, Wilmington, DE; Athena D. Dalton, Stephen A. Swedlow, Quinn Emanuel Urquhart & Sullivan, LLP, Chicago, IL for defendant.
Case Number: D69635
The court held that plaintiffs failed to state a cause of action for tort claims because they were unable to plead that they had received an injury from defendant's allegedly negligent leaking of a known carcinogen around where plaintiffs lived.