Benoit et al v. Saint-Gobain Performance Plastics Corp. et al

Filing 35

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)

Download PDF

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?