Bond v. Solvay Specialty Polymers, USA, LLC
| Decision Date | 01 February 2022 |
| Docket Number | 1:20-cv-08487-NLH-AMD, No. 1:20-cv-11393-NLH-AMD, No. 1:21-cv-00217-NLH-AMD, No. 1:21-cv-00452-NLH-AMD, No. 1:21-cv-11203-NLH-AMD |
| Citation | 583 F.Supp.3d 643 |
| Parties | Kimberly BOND and Richard Bond, Individually, and as Parents and Natural Guardians of Christina Bond, Plaintiffs, v. SOLVAY SPECIALTY POLYMERS, USA, LLC, et al., Defendants. Theresa Slusser and William Slusser, Individually, and as Parents and Natural Guardian of Alexander Slusser, Plaintiffs, v. Solvay Specialty Polymers, USA, LLC, et al., Defendants. Tammy O'Leary and Corby Deese, Plaintiffs, v. Solvay Specialty Polymers, USA, LLC, et al., Defendants. Carly Corrar and Shirley Bond, Plaintiffs, v. Solvay Specialty Polymers, USA, LLC, et al., Defendants. Shirley Bond, Plaintiff, v. Solvay Specialty Polymers, USA, LLC, et al., Defendants. |
| Court | U.S. District Court — District of New Jersey |
STEVE PHILLIPS, PHILLIPD & PAOLICELLI, LLP, 747 THIRD AVENUE, 6TH FLOOR, NEW YORK, NY 10017, VICTORIA ELIZABETH PHILLIPS, LEVY PHILLIPS KONINGSBERG LLP, 800 THIRD AVENUE, NEW YORK, NY 10022, ROBERT E. LYTLE, ARNOLD CARL LAKIND, SZAFERMAN, LAKIND, BLUMSTEIN & BLADER, PC, QUAKERBRIDGE EXECUTIVE CENTER, 101 GROVERS MILL ROAD - SUITE 200, LAWRENCEVILLE, NJ 08648, On behalf of Plaintiffs.
THEODORE V. WELLS, JR., PAUL, WEISS, RIFKIND, WHARTON & GARRISON, LLP, 1285 AVENUE OF THE AMERICAS, NEW YORK, NY 10019-6064, On behalf of Solvay Specialty Polymers, USA, LLC.
MICHELLE GITLEN, IRENE HSIEH, MARJAN MOUSSAVIAN, JOHN DAVID NORTH, GREENBAUM, ROWE, SMITH & DAVIS LLP, 99 WOOD AVE. SOUTH, ISELIN, NJ 08830, On behalf of Arkema, Inc.
SALVATORE PIETRO D'ALIA, LANNY STEVEN KURZWEIL, RYAN A. RICHMAN, NATALIE SABRINA WATSON, MCCARTER & ENGLISH, 100 MULBERRY STREET, NEWARK, NJ 07102, On Behalf of E. I. du Pont de Nemours and Company, The Chemours Company, and The Chemours Company FC, LLC.
DONALD J. CAMERSON, II, JAMES WYLIE CROWDER, IV, BRESSLER, AMERY & ROSS, ESQS., 325 COLUMBIA TURNPIKE, PO BOX 1980, FLORHAM PARK, NJ 07932, On Behalf of The 3M Company.
Before the Court are Defendants’ motions to dismiss the complaints in the above captioned related cases. For the reasons expressed below, the motions will be denied except for with respect to the standalone counts for punitive damages.
Plaintiffs1 in these cases are individuals or individuals suing on behalf of individuals who allege that they have suffered severe medical conditions as a result of the disposal of toxic waste by Defendants2 . Plaintiffs claim harm from the disposal of chemicals such as poly- and perfluoroalkyl substances ("PFAS"), particularly perflouoronaonanoic acid ("PFNA") and perfluorooctanoic acid ("PFOA") and other toxins that result from the degradation of those compounds as well as other toxins that were released into the environment as a byproduct of Defendants’ activities, such as heavy metals, paints and dyes, and industrial alcohols and solvents. (See, e.g., No. 1:20-cv-08487-NLH-AMD, ECF 36 ("Bond 1 Complaint") at 3). Plaintiffs all contend that the prolonged exposure to these toxins irreparably harmed them. They claim that their exposure occurred due to the travel of disposed materials from Defendants’ plants by way of soil, water, and air and that the toxins contaminated their personal water supplies. (Id. at 5).
The plant from which Plaintiffs contend that Arkema, and then Solvay, dispersed the toxins at issue was located at 10 Leonard Lane, West Deptford, NJ 08085. The plant from which Plaintiffs contend that DuPont and Chemours released toxins was located at 67 Canal Road and Route 130, located in Pennsville and Carneys Point Townships, NJ 08023. Plaintiffs alleged that 3M supplied the Defendants with sodium perfluorooctanoate (NaPFO) and PFOA which was used at those two plants. (Id. at 13-15). The Court's independent review of the distance between the plants and the addresses of Plaintiffs reveal that Plaintiffs’ residences were within several miles of either of the plants.3 Attached to the complaints4 in each of the actions is a report by the New Jersey Department of Environmental Protection (the "NJDEP") that contained findings that Defendants contaminated New Jersey's natural resources.
The report, dated March 25, 2019, indicates the findings of the NJDEP that Defendants each were "responsible for the significant contamination of New Jersey's natural resources, including the air and waters of the State, with poly- and perfluoroalkyl substances (‘PFAS’), Including perfluorononanolc acid (‘PFNA’), perfluorooctanoic acid (‘PFOA’), and perfluorooctanesulfonlc acid (‘PFOS’), and their replacement compounds, Including but not limited to ‘GenX’[.]" (See Bond 1 Complaint, ECF 36-1 at 2). Particularly relevant to Plaintiffs’ claims is NJDEP's finding of these toxins within just a few miles of Plaintiffs’ homes, sometimes at properties farther from the plants than Plaintiffs’ residences were from the plants. (See infra, Discussion, Section III.a).
The Bond 1 Plaintiffs claim that Christina Bond was exposed to toxins released by Defendants in utero and afterward that resulted in lifelong cognitive damage. Specifically, Plaintiffs allege that Christina suffers from conditions such as brain damage, speech impairment, deletion of a chromosome, and the inability to care for herself. (Bond 1 Complaint at 2-3). Christina was born on April 6, 1978. The Bond 1 Plaintiffs resided at 43 Nortonville Road, Swedesboro, NJ 08085 from 1977 until 1989. They currently reside at 13 Nortonville Road, Swedesboro, NJ 08085. Plaintiffs contend that the exposure pertinent to their case occurred "primarily in or about the above addresses and in the adjacent neighborhood." (Id. at 6).
The Slusser Plaintiffs claim that Alexander Slusser was exposed to toxins released by Defendants into the environment in utero and during the first years of his life that resulted in lifelong medical conditions. Plaintiffs allege that Alexander suffers from conditions such as brain damage, Attention-Deficit/Hyperactivity Disorder, motor deficits, and the inability to live unassisted. (No. 1:20-cv-11393-NLH-AMD, ECF 32 ("Slusser Complaint") at 2). Alexander was born on March 27, 1995. (Id. at 5). The Slusser Plaintiffs lived at 258 G Street, Carneys Point, NJ from 1993 until 1996 and allege that the exposures occurred at that address. (Id. at 6).
The O'Leary Plaintiffs claim that Tammy O'Leary and Corby Deese were each exposed to toxins released into the environment that resulted in chronic medical conditions. For Tammy, they allege that she suffers from conditions such as breast cancer, gastrointestinal disease and high cholesterol. (No. 1:21-cv-00217-NLH-AMD, ECF 2 ("O'Leary Complaint") at 2). For Corby, they allege that he suffers from conditions such as high cholesterol, prostate disease, and gastrointestinal disease. (Id.) The O'Leary Plaintiffs allege that Tammy has lived at 36 Jackson Street, Swedesboro, NJ 08085 since 2007 and that prior to that she lived at 36 Home Street, Gibbstown, NJ 08027. (Id. at 5-6). They allege that Corby lived at the 36 Jackson Street address since 1997 and that prior to that, since 1992 he lived at 1414 Storie Avenue, West Deptford, NJ 08093. (Id.) The O'Leary Plaintiffs allege that they were exposed to toxins released by Defendants while they were residing at these addresses and their contact with such toxins is what caused their medical conditions. (Id. at 2-6).
The Corrar Plaintiffs seek to recover damages for medical conditions suffered by Carly Corrar, for which they claim that toxins released by Defendants caused. They allege that these medical conditions include physical and cognitive developmental delays, Attention-Deficit/ Hyperactivity Disorder, and joint issues, among other ailments. (No. 1:21-cv-00452-NLH-AMD, ECF 1, ("Corrar Complaint") at 2). Carly was born on May 31, 1996. (Id. at 5). Plaintiffs allege that Carly resided at 50 North Railroad Ave., Pedricktown, NJ 08067 from her birth until 2018. (Id.) At the age of 3, when her parents separated, Carly visited her father on the weekends at 370 US-130, Penns Grove, NJ 08069. (Id.) Plaintiffs alleged that from 1962 through 1981 and during the year before Carly's birth, Carly's parents lived at 24 Woodstown, Pedricktown, NJ 08067. (Id. at 6). Other than that, after 1981 and until Carly's birth, Carly's parents resided at the 50 North Railroad Ave. address. (Id.) Carly currently resides at 95 ½, Apt. A, Walnut Street, Penns Grove, NJ 08069. (Id.) Plaintiffs allege that Carly's exposure to these toxins occurred at these addresses but primarily in utero and early childhood. (Id.)
The Bond 2 Plaintiff, Shirley Bond, is also one of the Plaintiffs in the Corrar Action. She alleges that she suffers from medical conditions such as cervical myofascial pain syndrome, osteoporosis, and a congenital heart defect as a result of exposure to toxins released by Defendants. (No. 1:21-cv-11203-NLH-AMD, ECF 1 ("Bond 2 Complaint") at 2, 5). Shirley was born on January 2, 1962 and lived at 24 Woodstown, Pedricktown, NJ 08067 until 1981 and for another year during the 1990s. (Id. at 5). Other than that, Shirley has lived at 50 North Railroad Ave., Pedricktown NJ 8067 since 1981. (Id.) She argues that she was exposed to the toxins dispersed by Defendants while living at these addresses. (Id.)
This Court has jurisdiction over Plaintiffs’ claims under 28 U.S.C. § 1332.
When considering a motion to dismiss a complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6), a court must accept all well-pleaded allegations in the complaint as true and view them in the light most favorable to the plaintiff. Evancho v. Fisher, 423 F.3d 347, 351 (3d Cir. 2005). It is well...
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