STORY FROM: Benzene & Emerging Toxic Torts Litigation

Ala. Court Tosses Remedy, Trespass Claims in PFOA/PFOS Water Contamination Suit

BIRMINGHAM, Ala. –– An Alabama federal court has dismissed remedy and trespass claims in a PFOA/PFOS water contamination lawsuit, finding that Alabama law does not recognize a cause of action for diagnostic testing with a present, physical injury.

In the March 26 order, the U.S. District Court for the Northern District of Alabama also found that a repleaded trespass claim still does not withstand challenges from the defendants.

The plaintiffs asserted the underlying claims individually and on behalf of a class of persons similarly situated, contending that the defendants discharged wastewaters containing perfluorooctanoic acid (PFOA), perfluorooctanesulfonic (PFOS), and other chemicals ...

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