Law360 Quotes David Isabel on the Start of DuPont’s Landmark PFAS Trial Series

In the article titled “NJ, DuPont To Face Off In Landmark PFAS Trial Series,” Law360 turned to Trenk Isabel Siddiqi & Shahdanian director David Isabel, who chairs the firm’s Environmental Law practice, for remarks about this first-of-a-kind series of trials that will impact “forever chemicals” across the country.

Isabel represents private and public clients in a variety of environmental, litigation, insurance, and related matters before regulators, trial and appellate courts in New Jersey and other jurisdictions. He also counsels his clients on environmental compliance and permitting, due diligence, redevelopment, and transactional matters.

New Jersey’s case against chemical manufacturer E.I. DuPont de Nemours over the contamination at a former Salem County manufacturing facility is the first case brought by a state to go to trial, and starts with six bench trials to determine whether the chemical companies are liable for the contamination under states such as the New Jersey Spill Act, the Water Pollution Control Act and the Industrial Site Recovery Act. As Law360 reported, “Following the conclusion of the bench trials, the court will hold a jury trial on the state’s common law negligence and strict liability claims and for natural resource damages, punitive damages and other damages.”

As to the potential impact of this case across the country, Isabel noted that “findings proven at trial about the products themselves, rather than the site itself, can be used in litigation brought by other states…if New Jersey wins, then the other states will likely track as best they can the successful strategies that New Jersey used. If New Jersey is less successful, then the other states will be able to take a look and see if there are ways to improve.”

The bench trials structure of the case “is a helpful way for the court to narrow complex issues,” Isabel said, “It’s an effective way to case manage a very complex trial, to break it apart in pieces. And it’s such an unusual and wide-ranging trial that the court here decided that this more extensive step wise process was appropriate.” Isabel expects that it will be a very “expert-heavy case” as both parties are tasked with navigating a jury through complex issues and regulations.

Isabel is monitoring the case as it moves through the series of bench trials to a jury trial, and can be reached at disabel@tisslaw.com.

The full article can be read at Law360 (subscription required).