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Environment

Dupont Loses Zinc Case On Appeal

March 3, 2008 | A version of this story appeared in Volume 86, Issue 9

A West Virginia circuit judge has upheld a $196 million punitive damage award in a class-action lawsuit against DuPont. The suit was originally brought by people who claimed they were sickened by emissions from a DuPont zinc smelter that the company sold in 1950. The judge also estimated that a 40-year medical monitoring plan for those exposed to emissions from the plant in Spelter, W.Va., would cost DuPont another $130 million. DuPont will appeal the rulings to the state's high court, says Stacey Mobley, the company's general counsel. The medical monitoring is unwarranted, he adds, because class members are at no increased risk of disease from the long-closed smelter.

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