S.D.N.Y. Court Dismisses PFAS Related Claims Due to Lack of Personal Jurisdiction and Plaintiff’s Failure to State a Claim
Recently, there has been an explosion of litigation involving per- and polyfluoroalkyl substances (“PFAS”) contamination. In SUEZ Water New York Inc. v. E.I. du Pont de Nemours and Company, et al., No. 20-CV-10731 (LJL), 2022 WL 36489, at *1 (S.D.N.Y. Jan. 4, 2022), a federal district court dismissed PFAS related contamination claims against four Delaware corporate defendants: E.I. du Pont de Nemours and Company, Inc. (“Old DuPont”), The Chemours Company (“Chemours”), DuPont de Nemours, Inc (“New DuPont”), and Corteva, Inc. (“Corteva”) (collectively “Defendants”). The court dismissed the Complaint against New DuPont and Corteva due to lack of personal jurisdiction over each defendant. Although the court found that personal jurisdiction existed over Old DuPont and Chemours, it ultimately still dismissed the Complaint against these defendants due to Plaintiff’s failure to state a claim against each of them.