RECENT FEDERAL DECISIONS

January 2008

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District Court Upholds Landowners’ and Employees’ Claims for PCB Contamination against Chemical User and Manufacturer
Abbatiello v. Monsanto Co., Solutia, Inc., ___F.Supp.2d___

The District Court for the Southern District of New York held that plaintiffs current and former employees (collectively: employees) of General Electric Company (GE) could bring actions for abnormally dangerous activity, intentional infliction of emotional distress, nuisance, medical monitoring, and fear of contracting illness against GE. Additionally, owners and occupiers of land located near a GE facility (landowners) could bring actions for negligence, strict liability, intentional infliction of emotional distress, abnormally dangerous activity, nuisance, medical monitoring, fear of contracting illness, and trespass against GE and Monsanto Company, Solutia, Inc. and Pharmacia Company (collectively, Monsanto), manufacturer of materials and products containing polychlorinated biphenyls (PCBs).