Indiana Court Permits Amendments in Part in Groundwater Contamination Lawsuit

HAMMOND, Ind. –– An Indiana federal court has permitted plaintiffs in a groundwater contamination exposure lawsuit to amend their complaint in part, concluding that the proposal did not reflect a lack of diligence on the part of the plaintiffs.

In the Sept. 22 order, the U.S. District Court for the Northern District of Indiana did find that negligence claims of plaintiffs not suffering a present physical injury and that claims for medical monitoring could not proceed.

“The 11 plaintiffs who properly alleged present physical injuries may pursue a claim of negligence based on their present physical injuries,” the court concluded, …