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Ohio Federal Court Upholds $1.6 Million C-8 Wrongful Death Jury Verdict

In another development in the ongoing ammonium perfluorooctanoate (“C-8”) multidistrict litigation, a federal trial court in Ohio upheld an October 2015 jury verdict against E.I. du Pont de Nemours and Co. (“DuPont”).  Bartlett v. E.I. du Pont de Nemours and Co., No. 2:13-CV-170 (S.D. Ohio Feb. 17, 2016).  The case was the first to go to trial of the more than 3,500 personal injury or wrongful death suits in the C-8 multidistrict litigation.

A jury awarded $1.6 million in compensatory damages to a plaintiff who alleged that her kidney cancer was caused by C-8 in groundwater around a DuPont plant in West Virginia.  The court upheld the jury’s verdict of $1.1 million for negligence and $500,000 for negligent infliction of serious emotional distress.  The court found that the verdict was supported by substantial probative evidence and denied DuPont’s motion for judgment as a matter of law.  The Court also found that the jury verdict was reasonable given the evidence at hand and that the award was not excessive under Ohio law, denying DuPont’s requests for a new trial and remittitur (reduction or dismissal of the verdict award).

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About this Author

Eric Klein, environmental attorney, Beveridge & Diamond, P.C.
Principal

Eric L. Klein is an environmental civil litigator and regulatory counselor in the Washington, D.C. office of Beveridge & Diamond, P.C.  He has handled cases in state and federal courts throughout the United States, litigating a variety of complex civil and commercial matters before juries, trial and appellate courts, arbitrators and administrative tribunals.  Mr. Klein frequently litigates both statutory and common law claims, and specializes in challenging and defending technical experts in the litigation of complex environmental torts.

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 Maryam F. Mujahid, Beveridge Diamond, Environmental Lawyer, Regulatory Compliance Attorney,
Associate

Maryam Mujahid maintains an environmental regulatory and litigation practice.  She advises clients on various environmental compliance, contamination and liability matters, and provides guidance on federal environmental and occupational safety laws.  Maryam also has significant experience counseling clients on environmental risks and conducting environmental due diligence in the context of mergers and acquisitions, bankruptcies, initial public offerings, and other business transactions. 

Prior to joining Beveridge & Diamond, Maryam was an associate in the Washington, DC office of a large international law firm.

During law school, Maryam served as Editor-in-Chief of the Howard Law Journal. Maryam was also a judicial intern for the Honorable John M. Mott  of the Superior Court of the District of Columbia.

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Daniel M. Krainin, Environmental Attorney, Beveridge Diamond Law Firm
Principal

Daniel M. Krainin is a Principal in the New York office of Beveridge & Diamond, P.C.  He was named to the 2011 and 2012 Super Lawyers list for the New York Metropolitan area, holds an AV Preeminent Peer Review Rating from Martindale-Hubbell, and serves as a Vice Chair of the ABA Environment Section's Environmental Litigation and Toxic Torts Committee.

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Graham C. Zorn, Environmental Law Attorney, Beveridge Diamond Law Firm
Associate

Graham C. Zorn is an Associate in the Washington, D.C. office of Beveridge & Diamond, P.C., with a general litigation, regulatory, and environmental practice.  Graham has represented individual businesses, trade associations, and municipalities in compliance, enforcement, and counseling matters involving the Clean Air Act, the Clean Water Act, CERCLA and other state and federal statutes.  He has worked extensively on a series of complex products liability and toxic tort cases related to alleged groundwater contamination involving a gasoline additive.  Graham has also counseled domestic...

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