Baker v. Saint-Gobain Performance Plastics Corp., No. 17-3942 (2d Cir. 2020)
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This case arose from defendants' ownership in a manufacturing facility that used and disposed perfluorooctanoic acid (PFOA) which contaminated the water supply in the Village of Hoosick Falls, New York. On appeal, defendants challenged the district court's denial of their motion to dismiss under Federal Rule of Civil Procedure 12(b)(6).
For the reasons discussed in the Second Circuit's opinion issued on the same day in Benoit v. Saint-Gobain Performance Plastics Corp., Nos. 17-3941, etc., which was argued in tandem with the present appeal and involved the same issues, the court rejected defendants' contentions that the district court erred in denying their motion to dismiss plaintiffs' claims of personal injury and requests for medical monitoring as relief for such injuries, and in denying their motion to dismiss plaintiffs' claims of property damage. The court held that the district court's ruling that medical monitoring is available relief for claims solely of property damage is not an order that meets the criteria for immediate review under 28 U.S.C. § 1292(b). Therefore, the court dismissed, as improvidently allowed, so much of the appeal as seeks reversal of that part of the district court's order.
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