Del. Judge Recommends Dismissal of Some Claims in Water Contamination Case; Allows Plaintiffs Leave to Amend

WILMINGTON, Del. –– A magistrate judge has recommended that a proposed water contamination class action be dismissed in part, with leave to amend, noting in part that medical monitoring is not a tort in Delaware.

In the Aug. 4 report and recommendation, the U.S. District Court for the District of Delaware additionally concluded that the breach of warranty claim as currently pled is barred by the statute of limitations.

In the underlying proposed class action, the plaintiffs argued that 3M and DuPont “have been aware of potential health risks associated with PFOA and PFOS exposure for decades.”

“3M and DuPont …