Lawyers suing Conrail over the 2012 train derailment and chemical spill in Paulsboro have suffered a series of blows in federal court—including a $500 jury verdict and the midtrial ejection of one plaintiffs attorney for coaching a witness—but they still have high hopes as the focus of the litigation shifts to New Jersey state court.
Concern over health risks from the clouds of vinyl chloride that wafted through the town after the derailment prompted hundreds of area residents to file suits in the wake of the accident. But plaintiffs’ cases were hampered by pretrial rulings by U.S. District Judge Robert Kugler of the District of New Jersey, denying class certification, dismissing punitive damage claims and barring mental distress claims over the fear of developing cancer. The judge also excluded testimony from liability and damage experts for the plaintiff.
