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City Of Altura, Mn. v. Agc Chemicals Americas Inc., Amerex Corporation, Arkema Inc., Archroma U.S. Inc., Basf Corporation individually and as successor in interest to Ciba Inc., Buckeye Fire Equipment Company, Chemdesign Products Inc., Chemguard Inc…
A Torts - Environmental (Water Contamination) case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) in the jurisdiction of Westchester County.
Case Details
Case Number
Filing Date
April 17, 2024
Last Refreshed
April 21, 2024
Filing Location
Westchester County, NY
Filing Court House
Supreme
Category
Torts - Environmental (Water Contamination)
Practice Area
Torts
Matter Type
Toxic,Environmental
Overview
This action arises from the foreseeable contamination of groundwater by the use of
aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl
substances (“PFAS”), including perfluorooctanoic acid (“PFOA”).
PFOA is a fluorosurfactant that repels oil, grease, and water. PFOA, and/or its
chemical precursors, are or were components of AFFF products, which are firefighting suppressant
agents used in training and firefighting activities for fighting Class B fires. Class B fires include
fires involving hydrocarbon fuels such as petroleum or other flammable liquids.
PFOA is mobile, persists indefinitely in the environment, bioaccumulates in
individual organisms and humans, and biomagnifies up the food chain. PFOA is also associated
with multiple and significant adverse health effects in humans, including but not limited to kidney
cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and pregnancy-
induced hypertension.
At various times from the 1970s through today, Defendants designed,
manufactured, marketed, distributed, and/or sold AFFF products containing PFOA, and/or its
chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the
fluorosurfactants and/or perfluorinated chemicals (“PFCs”) contained in AFFF (collectively,
“AFFF/Component Products”).
Defendants designed, manufactured, marketed, distributed, and/or sold
AFFF/Component Products despite knowing that PFAS are toxic, persist indefinitely, and would
be routinely released into the environment during fire protection, training, and response activities,
even when used as directed and intended by Defendants.
Causes of Action
FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION
CAUSES OF ACTION
COUNT I: DEFECTIVE DESIGN
COUNT II: FAILURE TO WARN
COUNT III: NEGLIGENCE
COUNT IV: PUBLIC NUISANCE
COUNT V: PRIVATE NUISANCE
COUNT VI: TRESPASS
COUNT VIII: PUNITIVE DAMAGES
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Case Documents
SUMMONS COMPLAINT
Date: Apr 17, 2024Case Events
Date | Type | Description | |
---|---|---|---|
April 17, 2024 | SUMMONS + COMPLAINT |