Van Der Kar v. Saint-Gobain Performance Plastics Corp. et al
|Janet Van Der Kar
|Saint-Gobain Performance Plastics Corp. and Honeywell International Inc.
|August 30, 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 16, 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 further ORDERED, that the Renter Plai ntiffs 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 Campb ell 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 Own er 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 Me morandum-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. Note: This case & 15 others raise substantially similar legal issues and, pursuant to the Courts November 29, 2016 order, Dkt. 20 (Consolidation Order in 1:16-cv-0930), have been combined for the purpose of Defendants motion to dismiss, Dkt. No. 21 (Motion in 1:16-cv-0930). Signed by Senior Judge Lawrence E. Kahn on August 02, 2017. (sas)
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