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Suffolk County Water Authority v. Dow Chemical Co.
New York Supreme Court
44 Misc. 3d 569 (2014)
Suffolk County Water Authority (SCWA) (plaintiff) discovered that a toxic chemical, perc, had seeped into the water supply and contaminated Suffolk County water wells. Many different companies supplied and manufactured perc. SCWA sued several companies (defendants) for the contamination. SCWA argued that: (1) perc was defective from the moment of its manufacture, (2) it was a generically fungible product, (3) it takes many years from the point of perc seeping into the ground until the perc enters water wells, and (4) the chemical was impossible to trace back to individual companies. Therefore, SCWA sought to hold multiple companies liable under the theory of market-share liability. The defendants moved to dismiss the claims.
Rule of Law
Holding and Reasoning (Pines, J.)
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