STORY FROM: Benzene & Emerging Toxic Torts Litigation
N.Y. Court Tosses Business Interference Claims in Water Contamination Suit, Allows Negligence Claims to Proceed
March 1, 2018
ALBANY, N.Y. –– A New York federal court has tossed the majority of business-related interference claims in a water contamination lawsuit, finding that the plaintiffs had failed to establish that the defendants were aware of the specific business relationship that was allegedly disrupted when the defendants allowed PFOAs to seep into groundwater surrounding their facility.
In a Feb. 20 order, however, the U.S. District Court for the Northern District of New York did allow the plaintiffs’ negligence claims to proceed, citing evidence that the “near collapse” of the plaintiffs’ business supports a finding that the defendants owed a duty ...