Cohen Milstein Sellers & Toll LLP - Chemours One Step Closer to Facing Jury Trial in Cape Fear River PFAS Class Action

Court grants plaintiffs’ motion for partial summary judgment on trespass liability

RALEIGH, N.C., Aug. 27, 2026 (GLOBE NEWSWIRE) -- This week, the Honorable James C. Dever III of the United States District Court for the Eastern District of North Carolina granted plaintiffs’ motion for partial summary judgment for trespass liability in Brent Nix, et al. v. The Chemours Company FC, LLC, et al. The ruling allows the certified class of more than 180,000 North Carolinians to move one step closer to holding the chemical company accountable for decades of exposure to toxic “forever chemicals” in their drinking water. A jury trial is scheduled for March 4, 2027.

“We are very pleased with the court’s decision in granting our clients’ motion for partial summary judgment on trespass liability, as thousands of properties have been impacted by Chemours’ negligence,” said Ted Leopold of Cohen Milstein and Steve Morrissey of Susman Godfrey, who are court-appointed Co-Lead Class Counsel for the certified class in this massive toxic tort litigation. “We look forward to presenting our case to a jury and helping residents along the Cape Fear River achieve the full measure of justice they deserve.”

Plaintiffs allege that since 1980, Chemours and its predecessor, E.I. du Pont de Nemours & Company, illegally discharged toxic PFAS and GenX chemicals, also known as “forever chemicals,” from its Fayetteville Works Plant into the Cape Fear River, impacting the drinking water and homes of more than 180,000 North Carolinians. In particular, plaintiffs contend that water utilities in New Hanover, Bladen, Brunswick, Cumberland, and Pender Counties were contaminated, as were more than 10,000 private wells in the area.

In its ruling, the court held that plaintiffs were entitled to judgment in their favor on their claims of trespass liability. Specifically, plaintiffs contend that chemicals from defendants’ Fayetteville Works plant contaminated drinking water provided to class members via the aforementioned public water utilities and private wells, thereby constituting intentional trespass. Under North Carolina law trespass is defined as the “wrongful invasion of the possession of another.” In this case, the claim of trespass to the real property in question included unauthorized entry by the defendants and damage to the plaintiffs while in possession of the property when the trespass occurred.

On October 4, 2023, the Eastern District of North Carolina certified a class of North Carolina residents whose homes were impacted by the contaminated water, and on November 17, 2023, in a one page order, the United States Court of Appeals for the Fourth Circuit denied DuPont’s and Chemours’ petition to review the order granting class certification.

The class action, Brent Nix, et al. v. The Chemours Company FC, LLC, et al., Case No. 7:17-CV-00189, U.S. District Court, Eastern District of North Carolina, was first filed in 2017.

About Cohen Milstein Sellers & Toll LLP

Cohen Milstein Sellers & Toll LLP is a premier U.S. plaintiffs’ law firm, handling high-profile and often precedent-setting litigation, including environmental toxic tort litigation. With over 100 attorneys across the country, Cohen Milstein has offices in Boston, MA, Chicago, IL, Minneapolis, MN, New York, NY, Palm Beach Gardens, FL, Philadelphia, PA, Raleigh, NC, and Washington, DC.  For additional information please visit www.cohenmilstein.com or call (202) 408-4600.

About Susman Godfrey L.L.P.

Susman Godfrey is a nationwide law firm of 150 trial lawyers. It handles high-stakes litigation in a broad range of practice areas and industries, for both plaintiffs and defendants. With a relentless focus on winning at trial, Susman Godfrey has been ranked by Vault as the #1 litigation boutique in America for 12 consecutive years. Visit www.susmangodfrey.com to learn more about our unique approach to winning cases.

Contact: cohenmilstein@berlinrosen.com