South Florida, Seattle Attorneys Named Interim Co-Lead Counsels in Class Action Against DuPont
The suit claims the companies' plant dumped toxic residue from its chemicals for decades into the Cape Fear River.
January 09, 2018 at 12:27 PM
3 minute read
A North Carolina judge has appointed attorneys from South Florida and Seattle as interim co-lead class counsel in a class action, water contamination lawsuit against global chemical producer DuPont and its wholly-owned subsidiary, the Chemours Company FC LLC.
Judge James C. Dever III of the United States District Court for the Eastern District of North Carolina appointed Theodore “Ted” Leopold, partner in Cohen Milstein Sellers & Toll's Palm Beach Gardens office, and Steve Morrissey, a partner in Susman Godfrey's Seattle office, to lead the litigation over the state's water supply.
“For decades, Dupont and Chemours have disregarded the lives and health of hundreds of thousands of North Carolinians by contaminating their drinking water,” Leopold said. “We look forward to getting justice for the families who have been harmed by these companies' irresponsible acts.”
Leopold filed the suit in October, claiming the companies' plant in Fayetteville had dumped toxic residue from its chemicals—like GenX, the trademark substance used to make Teflon for cookware—for decades into the Cape Fear River. Daily Business Review affiliate, the National Law Journal, reported on the suit's claim that the companies knowingly exposed people in five counties to liver cancer and other health risks, then concealed their actions from regulators.
In June, online news publisher The Intercept reported on the presence of GenX in the drinking water in Wilmington, North Carolina, and in surface waters in Ohio and West Virginia.
The class action lawsuit alleges DuPont and Chemours have dumped toxic waste from their 2,000-acre Fayetteville plant since 1980. Plaintiffs lawyers cite the U.S. Centers for Disease Control and Prevention and other health officials on claims that the affected counties—New Hanover, Bladen, Brunswick, Cumberland and Pender—have the highest concentration of liver disease in the United States.
“The North Carolina Department of Health and Human Services says the rates of liver, pancreatic, testicular and kidney cancers are higher in the five counties than anywhere else in the state,” according to a statement Cohen Milstein issued Monday. “And DuPont's own testing has shown that these chemicals can cause liver, pancreatic, testicular and kidney cancer, liver disease, fetal and birth defects.”
Leopold is chair of Cohen Milstein's Catastrophic Injury & Defective Products Practice and co-chair of its consumer protection group. He is co-lead counsel in a class action by residents of Flint, Michigan, against their city, Michigan Gov. Rick Snyder, 17 local government officials and a group of engineering companies over contaminated water. Morrissey, who represented 1960s music group The Turtles, is counsel for Flint property owners suing over the water supply.
The two attorneys will consolidate and oversee five putative toxic tort class actions in the North Carolina litigation.
“By discharging GenX and other toxic chemicals into the Cape Fear River, DuPont and Chemours have shown a complete disregard for the lives, health and property values of North Carolina residents who depend on the river for their drinking water,” Morrissey said. “We recognize that this is a very important case for the people of this state.”
Cohen Milstein's team includes North Carolina partner Martha Geer and Washington, D.C., partner Douglas S. Bunch
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllFlorida’s Civil Procedure Rules: Attorneys Foresee More Settlements Amid Time Challenges
3 minute readHolland & Knight Promotes 42 Lawyers to Partner, Prioritizing Corporate Practices
3 minute readData Breach Lawsuit Against Byte Federal Among 1,500 Targeting Companies in 2024
4 minute readFlorida Supreme Court Disbars 3, Suspends 11, Reprimands 1 in Final Disciplinary Order of 2024
Trending Stories
- 1Deal Watch: Latham, Paul Weiss, Debevoise Land on Year-End Big Deals. Plus, Mixed Messages for 2025 M&A
- 2Bathroom Recording Leads to Lawyer's Disbarment: Disciplinary Roundup
- 3Conn. Supreme Court: Workers' Comp Insurance Cancellations Must Be Unambiguous
- 4To Avoid Conflict, NYAG Hands Probe Into Inmate's Beating Death to Syracuse-Area DA
- 5Scripture-Quoting Employee Sues Company for Supporting LGBTQ Pride
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250