Court upholds dismissal of Chemours lawsuit against DuPont - Global Paper Money

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Court upholds dismissal of Chemours lawsuit against DuPont

DOVER, Del. (From news reports) -- Delaware's Supreme Court has upheld a judge's dismissal of a lawsuit alleging that the DuPont Co. massively downplayed the cost of environmental liabilities imposed on spinoff company Chemours.

The court issued a one-page ruling dated Tuesday affirming the March decision of a Chancery Court judge who said he had no jurisdiction to hear the case because the dispute was subject to mandatory arbitration.

Chemours sued DuPont last year, alleging that DuPont deliberately lowballed the cost of environmental liabilities Chemours would face in reimbursing DuPont for pollution related to human-made chemicals known as per- and polyfluoroalkyl substances, or PFAS.

The chemicals have been used in firefighting foam, nonstick cookware, water-repellent clothing and many other household and personal items. They sometimes are referred to as "forever chemicals" because of their longevity in the environment.

The PFAS family of chemicals, which have been associated with increased risk of cancer and other health problems, includes perfluorooctanoic acid, or PFOA, which was used in the production of Teflon.

Vice Chancellor Sam Glasscock III ruled that he had no jurisdiction to hear the case because the separation agreement between the companies clearly states that all disputes arising from the spinoff are subject to binding arbitration.

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