Benoit et al v. Saint-Gobain Performance Plastics Corp. et al
||Thelma Benoit and David Benoit
||Saint-Gobain Performance Plastics Corp. and Honeywell International Inc.
||July 27, 2016
||US District Court for the Northern District of New York
||Lawrence E. Kahn
||Daniel J. Stewart
|Nature of Suit:
||Torts to Land
|Cause of Action:
||28 U.S.C. § 1332
|Jury Demanded By:
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|August 2, 2017
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 21) is GRANTED in part and DENIED in part; and it is further ORDERED, that the Municipal Water Plaintiffs nuisance claims are DISMISSED; and it is furtherORDERED, that the Renter Plain tiffs negligence and strict liability claims related to property damage are DISMISSED; and it is further ORDERED, that the Municipal Water Plaintiffs trespass claims are DISMISSED with leave to amend; and it is further ORDERED, that the Martha Campbe ll and Randall Putnams negligence and strict liability claims related to personal injury are DISMISSED with leave to amend; and it is further ORDERED, that Plaintiffs negligence and strict liability claims related to PFOA ingestion, the Property Owne r Plaintiffs negligence and strict liability claims related to property damage, and the Private Well Plaintiffs trespass and nuisance claims otherwise survive Defendants Motion; and it is further ORDERED, that the questions of law decided in this Mem orandum-Decision and Order are certified for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and any party may apply for leave to appeal with the United States Court of Appeals for the Second Circuit within ten days of the filing date of this Memorandum-Decision and Order. Signed by Senior Judge Lawrence E. Kahn on August 02, 2017. (sas)
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