IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA

SOUTHERN DIVISION

BERDIE E. BOONE;
WILLIE BUTLER;
KATHY COLLINS;
JUDY KITCHEN; 7:23-cv-01473
RONALD MacLELLAN;
MARIAN OSWARD;
LORRAINE SCANLON; JURY TRIAL REQUESTED
LASHONDA TEAGUE; and
LISA WILKINS,
COMPLAINT
Plaintiffs,
v.
CORTEVA, INC.;
DUPONT DE NEMOURS, INC.,
FORMERLY KNOWN AS
DOWDUPONT, INC.;
EIDP, INC., FORMERLY KNOWN AS
E. I. DU PONT DE NEMOURS
AND COMPANY;
THE CHEMOURS COMPANY; and
THE CHEMOURS COMPANY FC, LLC,
Defendants.

NATURE OF THE ACTION

1. This case arises from a nearly four decades-long history of Defendants

discharging toxic substances into the Cape Fear River (hereinafter “River”) without regard for

the resulting impact on downstream consumers and the environment. Plaintiffs are among those

impacted by Defendants’ negligent conduct and have filed this action seeking judicial redress for

their personal and property-based injuries.

2. Defendants willfully and wantonly discharged toxic, cancer-causing chemicals

into the River, which serves as the primary source of drinking water for thousands of North

Carolina residents. Defendants have owned and operated the Fayetteville Works Plant

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(hereinafter "FWP") for more than four decades. FWP is a manufacturing facility located at

22824 NC Highway 87 West, Fayetteville NC 28306-7332. Defendants routinely discharged

wastewater containing per- and polyfluoroalkyl substances (hereinafter “PFAS”), such as the

ammonium salt of hexafluoropropylene oxide dimer acid (hereinafter “GenX”), directly into the

River from the FWF.

3. Defendants discharged GenX and other PFAS at the FWP knowing they were

extremely dangerous and that even exceedingly small doses could cause liver, testicular,

pancreatic, uterine and kidney cancer, as well as thyroid disease, ulcerative colitis, and

pregnancy-induced hypertension, among other illnesses. Nevertheless, Defendants discharged

these chemicals into the air and water surrounding the FWP, simply to avoid the expense of

taking safety precautions. Knowing that their conduct was wrongful, Defendants lied to

government regulators, claiming that they were either disposing of PFAS at a secure, off-site

facility or incinerating them These lies endangered nearby residents by preventing state

regulators and local water providers from taking those actions necessary to protect them from

drinking dangerous amounts of GenX and other PFAS discharged from the FWP.

4. Defendants have a long history of polluting the environment with PFAS, most

notably in connection with the bio-persistent, bio-accumulative, and toxic chemical

perfluorooctanoic acid (hereinafter “PFOA” or “C8”). In or around 1951, Old DuPont began

using PFOA to make consumer products, including the immensely popular Teflon® non-stick

coating used in cookware, and the company reaped huge profits from its manufacture of products

containing PFOA in the ensuing decades. When Old DuPont’s supplier, the 3M Company,

decided in 2002 to phase out its production of PFOA after coming under increasing scrutiny

from the United States Environmental Protection Agency (hereinafter “EPA”), Old DuPont

began increasing its manufacturing of PFOA at the FWP, assuring regulators and the public that

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PFOA was safe and that any wastewater containing PFOA would be disposed of at a secure, off-

site facility.

5. Only after being sued by nearby residents of another plant in West Virginia that

Old DuPont used to manufacture PFOA, did the public become privy to evidence showing Old

DuPont’s internal knowledge of the hazards PFOA posed to the environment and human health.

In 2015, as part of a settlement with those West Virginia residents, an expert panel of

epidemiologists determined that PFOA discharges at the plant had contaminated the residents’

drinking water and put them at an increased risk of developing kidney cancer, testicular cancer,

ulcerative colitis, thyroid disease, hypercholesterolemia, and pregnancy-induced hypertension.

6. The impact of this chapter of Defendants’ insidious poisoning of the nation’s

rivers and drinking-water supplies has been devastating, particularly for the residents of New

Hanover, Bladen, Brunswick, Cumberland, and Pender Counties in North Carolina that use the

Cape Fear River as a primary source of drinking water.

7. Bladen, Brunswick, Pender, and New Hanover Counties, for instance, have

among the highest concentrations of liver disease in the United States. In addition, the rate of

liver and testicular cancers in New Hanover County is considerably higher than the state average,

the rate of kidney cancer in Bladen County is significantly higher than the state average, the rate

of pancreatic cancer in Brunswick County is substantially higher than the state average, and the

rate of uterine cancer in Cumberland County is also higher than the state average.

8. The impacted downstream residents in North Carolina include Plaintiffs who

consumed drinking water that had been willfully, recklessly, and negligently contaminated by

Defendants and suffered personal and property-based injuries.

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 JURISDICTION AND VENUE

9. This Court has Subject Matter Jurisdiction in this matter per 28 U.S.C. § 1332,

because complete diversity exists between the parties and damages are more than $75,000.00.

Plaintiffs are citizens of the State of North Carolina, and the Defendants are incorporated and

maintain principal places of business in states other than North Carolina.

10. Venue is appropriate per 28 U.S.C. § 1391(a) because a substantial part of the

property that is the subject of this action is situated in this judicial district and division.

11. The Court has personal jurisdiction over Defendants because each has personally

availed itself of the benefits and protections of the laws of the State of North Carolina. Each of

the Defendants conducted business and committed torts in North Carolina, by itself or through an

agent or alter ego, which caused Plaintiffs to suffer severe personal and property-based damages

within the state.

PARTIES

12. Plaintiff, BERDIE E. BOONE, currently resides in New Hanover County,

North Carolina, and has resided there for all times relevant to this matter.

13. Plaintiff, WILLIE BUTLER, currently resides in Cumberland County,

North Carolina, and has resided there for all times relevant to this matter.

14. Plaintiff, KATHY COLLINS, currently resides in Cumberland County,

North Carolina, and has resided there for all times relevant to this matter.

15. Plaintiff, JUDY KITCHEN, currently resides in Cumberland County,

North Carolina, and has resided there for all times relevant to this matter.

16. Plaintiff, RONALD MacLELLAN, currently resides in New Hanover County,

North Carolina, and has resided there for all times relevant to this matter.

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 17. Plaintiff, MARIAN OSWARD, currently resides in New Hanover County,

North Carolina, and has resided there for all times relevant to this matter.

18. Plaintiff, LORRAINE SCANLON, currently resides in Brunswick County,

North Carolina, and has resided there for all times relevant to this matter.

19. Plaintiff, LASHONDA TEAGUE, currently resides in New Hanover County,

North Carolina, and has resided there for all times relevant to this matter.

20. Plaintiff, LISA WILKINS, currently resides in New Hanover County,

North Carolina, and has resided there for all times relevant to this matter.

21. Defendant, EIDP, Inc., formerly known as E. I. du Pont de Nemours and

Company (hereinafter “Old DuPont”), is a Delaware Corporation with its principal place of

business at 974 Centre Road, Wilmington DE 19805-1269. It is subject to service of process via

its registered agent, The Corporation Trust Company, Corporation Trust Center, 1209 North

Orange Street, Wilmington DE 19801-1120. Old DuPont owned the FWP from the early 1970s

until 2015, when ownership was shifted to an Old DuPont spin-off company—The Chemours

Company.

22. Defendant, The Chemours Company (hereinafter “Chemours Co.”), is a

Delaware Corporation with its principal place of business located at 1007 North Market Street,

Wilmington DE 19801-1227. It is subject to service of process via its registered agent, The

Corporation Trust Company, Corporation Trust Center, 1209 North Orange Street, Wilmington

DE 19801-1120. In 2015, Old DuPont spun off its performance chemicals business to

Chemours Co., along with vast environmental liabilities which Chemours Co. assumed,

including those related to PFAS like GenX.

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 23. On information and belief, Chemours Co. was incorporated as a subsidiary of Old

DuPont as of April 30, 2015. From that time until July 2015, Chemours Co. was a wholly owned

subsidiary of Old DuPont.

24. In July 2015, Old DuPont spun off Chemours Co. and transferred to Chemours

Co. its “performance chemicals” business line, which includes its fluoroproducts business,

distributing shares of Chemours Co. stock to Old DuPont stockholders, and Chemours Co. has

since been an independent, publicly traded company. On information and belief, Chemours Co.

became the owner and operator of the FWP as part of the July 2015 spin-off transaction (the

“Chemours Spinoff”).

25. Defendant, The Chemours Company FC, LLC, is a Delaware Limited Liability

Company with its principal place of business located at 1007 North Market Street, Wilmington

DE 19801-1227. It is subject to service of process via its registered agent, The Corporation

Trust Company, Corporation Trust Center, 1209 North Orange Street, Wilmington DE 19801-

1120. The Chemours Company FC, LLC is a subsidiary of Chemours Co., and the two entities

are referred to in this complaint collectively as “Chemours”. On information and belief,

Chemours Company FC, LLC either currently owns or has very recently owned and operated the

FWP.

26. Defendant, DuPont de Nemours, Inc., formerly known as DowDuPont, Inc.

(hereinafter “New DuPont”), is a Delaware Corporation with its principal place of business at

974 Centre Road, Wilmington DE 19805-1269 and 2211 H H Dow Way, Midland MI

48642-4815. It is subject to service of process via its registered agent, The Corporation Trust

Company, Corporation Trust Center, 1209 North Orange Street, Wilmington DE 19801-1120.

27. On August 31, 2017, Old DuPont merged with The Dow Chemical Company to

create DowDuPont, Inc. (hereinafter “DowDuPont”). Since the merger, DowDuPont has

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completed a series of separation transactions to separate its businesses into three independent,

publicly traded companies for materials, science, and specialty products.

28. Defendant Corteva, Inc. (hereinafter “Corteva”) is a Delaware Corporation with

its principal place of business at 974 Centre Road, Wilmington DE 19805-1269. It is subject to

service of process via its registered agent, The Corporation Trust Company, Corporation Trust

Center, 1209 North Orange Street, Wilmington DE 19801-1120.

29. Corteva was initially formed in February 2018 as a subsidiary of DowDuPont.

From that time until June 1, 2019, Corteva was a wholly owned subsidiary of DowDuPont.

30. On June 1, 2019, DowDuPont separated its agriculture business through the spin-

off of Corteva (the “Corteva Spinoff”). On June 1, 2019, DowDuPont distributed to DowDuPont

stockholders all issued and outstanding shares of Corteva common stock by way of a pro-rata

dividend. Following that distribution, Corteva became the direct parent of Old DuPont.

31. Corteva holds certain DowDuPont assets and liabilities, including DowDuPont’s

agriculture and nutritional businesses.

32. On June 1, 2019, DowDuPont, the surviving entity after the spin-off of Corteva

and of another entity known as Dow, Inc., changed its name to DuPont de Nemours, Inc., to be

known as New DuPont. New DuPont retained assets in the specialty products business lines

following the above-described spin-offs, as well as the balance of the financial assets and

liabilities of DuPont not assumed by Corteva.

GENERAL FACTUAL ALLEGATIONS

A. Defendants’ Manufacture of GenX and Other PFAS at the FWP

33. The FWP is located near Duart Township in Bladen County, North Carolina,

which is approximately 15 miles southeast of the City of Fayetteville and just south of the

Bladen-Cumberland County line. The FWP contains approximately 2,150 acres of relatively flat

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undeveloped open land and woodland bounded on the east by the Cape Fear River, on the west

by NC Highway 87, and on the north and south by farmland. The River is approximately 1,850

feet from the eastern portion of the manufacturing area, while Willis Creek, a tributary of the

River, is approximately 3,000 feet from the northern portion of the manufacturing area. Parts of

the Georgia Branch, another tributary to the River, flow along the FWP’s southern boundary

about one mile southwest of the manufacturing area. A drainage channel leading to the Cape

Fear River is located south of the plant area. It is used as the outfall area (“Outfall 2”) covered by

National Pollutant Discharge Elimination System Permit No. NC003573 (the “NPDES Permit”).

34. The segment of the River affected by discharges from Outfall 002 is classified by

the State of North Carolina as “Class WS-IV” surface water, making it a “source of water supply

for drinking, culinary, or food-processing purposes” as well as for “aquatic life propagation and

maintenance of biological integrity (including fishing and fish), wildlife, secondary recreation,

[and] agriculture.” 15A N.C.A.C. 2B.0211(1), 2B.0216(1); see also 15A N.C.A.C. 2b.0101; N.C.

Gen. Stat. § 143-214.1(b).

35. The FWP produces a variety of films, fibers, and specialty chemicals, and for

years has had at least five discrete manufacturing areas: (1) Fluromonomers/Nafion; (2) Polymer

processing aid (“PPA”); (3) Butacite; (4) SentryGlas; and (5) Polyvinvyl fluoride (“PVF”). The

wastewater from each of the five manufacturing areas flows through one or more on-site

wastewater treatment plants, where the contaminated wastewater is diluted with hundreds of

thousands of gallons of river water before it is ultimately discharged into the River. This dilution

makes the chemicals harder to detect but does not ultimately reduce the amount of contaminants

flowing into the River.

36. On information and belief, the FWP also has or had had at least one stack that has

operated over the years as a source for airborne emissions of perfluoroalkyl substances, thereby

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giving rise to additional water contamination when airborne particles are deposited and dissolve

and/or leach into groundwater. Plume modeling conducted in 2002 by DuPont Engineering

demonstrates that Old DuPont’s PFOA manufacturing processes would give rise to an airborne

APFO (PFOA) plume with a “hot spot” directly over Willis Creek, which flows into River.1

37. PFAS are highly toxic to humans. Scientists have linked exposure to PFAS such

as GenX to kidney cancer, testicular cancer, prostate cancer, ovarian cancer, non-Hodgkin

lymphoma, liver disease, ulcerative colitis, thyroid disease, hypercholesterolemia, and

pregnancy-induced hypertension, among other illnesses. While Defendants have manufactured a

number of PFAS at the FTP that were discharged into the River, the focus of this action is GenX

and other PFAS that have never been used to manufacture firefighting foam. Conversely, this

action does not assert claims arising from contamination involving perfluorooctanoic acid

(“PFOA”), perfluorooctane sulfonate (“PFOS”), and/or their chemical precursors.2

B. Defendants’ Knowledge of the Threats PFAS Discharges Pose to Public Health and
the Environment

38. Since the 1980s, Defendants have used PFAS at its FWP. In the early 2000s,

when government regulators pressured Old DuPont to stop using PFOA in its manufacturing

processes, Old DuPont (and later Chemours Co.) began to replace PFOA with its close chemical

cousin, GenX. However, GenX may be even more toxic than PFOA. In addition, Defendants

have continued to discharge Nafion byproducts 1 and 2, long-chain C7 PFAS produced only by

Defendants, which have toxicity characteristics that are like PFOA.

39. Undeterred, undaunted, and uncaring for the results of its own toxicity studies,

Defendants have discharged GenX, Nafion byproducts 1 and 2, and other PFAS into the River,
1
See also, Legacy, and emerging airborne per- and polyfluoroalkyl substances (PFAS) collected on PM2.5 filters in
close proximity to a fluoropolymer manufacturing facility,
https://pubs.rsc.org/en/content/articlelanding/2022/em/d2em00358a/unauth
2
For this reason, all references in this Complaint to the discharge of “GenX and other PFAS” at the FWP should be
interpreted as excluding PFOS and PFOA, as Plaintiff is not asserting any claims arising from contamination
involving PFOS or PFOA.

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showing the same cold disregard for human health that it showed in poisoning the Ohio River

with PFOA. And, just as they did with PFOA, Defendants has concealed its dangerous discharge

practices from government regulators and the public.

40. Defendants have been studying the health effects of the PFECA’s known as Gen

X since approximately 1963, when it conducted an acute oral toxicity study in rats to determine

the lethal dose for exposure to Gen X’s ammonium salt. DuPont’s internal data studies have

demonstrated an association between Gen X and various health effects in laboratory animals that

are consistent with the effects of other PFASs, including effects in the liver, kidney, pancreas,

testicles, and immune system.3 Data from Defendants’ various animal studies indicate that Gen

X is an animal carcinogen in multiple organ systems in both male and female rats, and that Gen

X poses reproductive/developmental risks, as well as toxicity in the liver, kidneys, the

hematological system, the adrenal glands, the stomach, as well as other adverse effects.4

41. The toxicity results from reports of animal studies indicate that Gen X is a

particularly toxic PFC. A substantive body of human studies have not been done at this time.

However, based on the available animal studies, Gen X may be as toxic or more toxic to humans

than PFOA. Likely human adverse effects from Gen X exposure could range from

reproductive/developmental adverse effects to adverse liver effects, to human immune

system/RNA messaging disruption adverse impacts, to stomach, ocular, and tongue toxicity, to

human cancer. Human exposure to Gen X in drinking water is continuous, moreover, unlike the

exposure in existing animal studies.

3
See TSCA Non-Confidential Business Information submitted to E.P.A. 8(e) Coordinator, USEPA, for 8EHQ-06-
16478,
4
See data reported in Lisa Craig, “H-28548: Combined Chronic Toxicity/Oncogenicity Study 2-Year Oral Gavage
Study in Rats”– Laboratory Project ID: DuPont-18405-1238” (MPI Research, Inc., Mattawan, Michigan 2013)
(sponsored by E.I. du Pont de Nemours and Company)

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 42. Despite the results of these and similar studies, Defendants repeatedly failed to

recover and capture (destroy) or recycle GenX from its wastewater. Instead, Defendants

continued to discharge significant quantities of GenX into the River, the groundwater, and the air

surrounding the FWP. Those discharges constitute a willful, wanton, and reckless risk of injury

to human health and the environment. The impacts of which are likely to continue to manifest for

decades to come.

43. PFAS gets into the environment from industrial facilities that either make them or

use them to make other products. It also enters the environment when released from PFC-

containing consumer products during their use and disposal.

44. PFAS can remain in the environment, particularly in water, for many years. PFAS

can move through soil and into groundwater or be carried in air. GenX, compared to other PFAS,

stays in the blood of humans for a relatively short time. This necessitates the use of other

biomarkers to determine the amount of GenX exposure over prolonged periods.

C. Government Regulators and the Research Community Acknowledge the Health and
Environmental Risks Posed by GenX and Other PFAS

45. In November 2016, a team of prestigious scholars from North Carolina State

University and researchers from other institutions published a study that identified GenX as one

of several PFAS detected at the King’s Bluff intake site along the Cape Fear River. Between

June 14 and December 2, 2013, the research team took daily samples of raw water from the

King’s Bluff intake located downstream from the FWP, as well as from two areas located

upstream from the FWP. The upstream sampling not only revealed the presence of so-called

“legacy PFAS” at King’s Bluff but also detected GenX at levels as high as 4,500 parts per trillion

(“ng/L” or “ppt”), with a mean (average) concentration of Gen X of 631 ppt—both well in

excess of the current state health goal of 140 ppt.

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 46. The North Carolina State researchers have continued their work as part of an

ongoing GenX Exposure Study5.

47. GenX and the other PFAS found in the River have consistently been detected at

levels far exceeding the EPA’s interim HAL for PFOA/PFOS and North Carolina State

equivalents. It is believed that there are a number of other chemical compounds that have not

been specifically named or identified that have also been released from Defendants’ operations at

the FWP and have contaminated the River at unsafe levels for downstream consumers and the

environment at large.

48. On June 19, 2017, environmental regulators in Fayetteville and Wilmington began

sampling and testing 13 locations along the Cape Fear River for the presence of GenX; their

results showed that finished water from four water treatment plants had GenX concentrations

exceeding the state’s safety standard of 140 ppt, including a) Bladen Bluffs (790 ppt); b) NW

Brunswick (910 and 695 ppt); c) Pender County (421 ppt); and d) CFPU Sweeney (1100 and 726

ppt). On June 20, 2017, under extreme public pressure, Chemours announced it would “capture,

remove and safely dispose of” wastewater containing GenX, instead of discharging it into the

Cape Fear River. Chemours did not mention that it had already contaminated the groundwater

and was still emitting GenX into the air.

49. Very recent testing suggests that GenX and other PFAS may have contaminated

plants and vegetables around the FWP. On a video call between Dutch scientists (who are

studying GenX contamination at Chemours’ plant in Dordrecht, Netherlands) and North

Carolina’s science advisory board, the Dutch scientists noted that carrots, beets, lettuce, and

other vegetables at 10 sites around the Chemours plant had been tested for PFAS. Approximately

40% were contaminated with GenX and/or PFOA. Thus, North Carolina residents may have

5
https://genxstudy.ncsu.edu/

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been or be currently eating—as well as drinking—PFAS and other toxic chemical compounds

discharged at the FWP.

50. In November 2018, the North Carolina State University Center for Human Health

and the Environment released preliminary results from a study of blood and urine samples taken

from individuals living nearby the FWP plant who consumed water from private wells and from

individuals living in New Hanover County. The authors reported that four newly identified

PFAS—as well as older PFAS such as PFOA—were detected in the blood of the study

participants’ blood. They further reported that 99% of the participants’ blood tested positive for

Nafion byproduct 2 at a median concentration of nearly 3 parts per billion (ppb). The study also

confirmed that individuals who live near the FWP have more PFAS in their blood than

individuals who live in other places (e.g., individuals living in Raleigh, Durham, and Chapel

Hill, North Carolina, as well as Dayton, Ohio).

51. On February 25, 2019, Chemours and the State of North Carolina signed, and the

Bladen County Superior Court entered a Consent Order that, among other things, ordered

Chemours to provide remedial measures to certain parties affected by Defendants’ wrongful

discharge of PFAS, including households, businesses, schools, and public buildings that use

drinking-water wells.

52. Specifically, the Consent Order requires Defendant Chemours to provide public

water supplies, or under certain circumstances, whole-building filtration systems (and

maintenance) to those parties whose drinking-water wells are contaminated by GenX and other

PFAS in a total amount exceeding 140 ppt or any applicable health advisory standard (currently

set at 140 ppt), whichever is lower. Such parties may alternatively opt to receive reverse osmosis

systems for every drinking water sink in their building.

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 53. The Consent Order also requires Chemours to provide a minimum of three under-

sink reverse osmosis water-filtration systems (or equivalent treatment) to any party with a

drinking-water well contaminated by GenX (or any other PFC specifically listed on an

attachment to the Consent Order) if the well-water tests above 10 ppt for any given compound or

exceeds 70 ppt for the total concentration of all listed compounds. For any resident who receives

permanent water supplies because of the Consent Order, Chemours must also pay for any and all

water bills for each affected party for 20 years up to $75 per month, subject to adjustment by

DEQ every 2 years for certain criteria specified in the Consent Order. Chemours is also required

to provide ongoing testing of water for certain residents, as well as bottled water until the

remedial measures provided for in the Consent Order are executed or a party declines the

remedial measures provided therein.

54. On June 15, 2022, the EPA released new drinking water health advisory levels for

four PFAS, including a Final Health Advisory level of 10 ppt for GenX. These health advisories

are “non-enforceable and non-regulatory” and “provide technical information to states agencies

and other public health officials on health effects, analytical methods, and treatment technologies

associated with drinking water contamination.”6 More specifically, EPA HALs “identify levels

to protect all people, including sensitive populations and life stages, from adverse health effects

resulting from exposure throughout their lives to these PFAS in drinking water.” 7 The HALs are

calculated to offer a margin of protection against adverse health effects and account for other

potential sources of exposure beyond drinking water (e.g., food, air, consumer products, etc.),

which provides an additional layer of protection.8

6
See, e.g., EPA, Drinking Water Health Advisories for PFAS Fact Sheet for Communities at 1 (June 2022),
available at https://www.epa.gov/system/files/documents/2022-06/drinking-water-ha-pfas-factsheet-
communities.pdf. (“EPA PFAS Fact Sheet for Communities”).
7
Id.
8
See id.

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D. Difficulties of Removing and Remediating Contamination from GenX and Other
PFAS at the FWP and Downstream Communities

55. GenX and the other PFAS discharged at the FWP will be exceedingly difficult to

remove from North Carolina residents’ pipes, fittings, and fixtures. Scientific studies have

consistently demonstrated that PFAS and Nafion wastes bond with cells, including cells in the

thin layer of microorganisms that coats municipal and residential pipes, water heaters, fixtures,

and appliances, sometimes called a “biofilm.”

56. These biofilms can be difficult—if not impossible—to remove. But removing

them is essential: individual microbes in a biofilm routinely die and break off from the film. The

continuous dying and detachment of cells releases PFAS, including PFOAs, GenX and Nafion

wastes, back into the water supply. In addition to bonding with biofilm, PFAS, PFOAs and

PFOS such as GenX and Nafion wastes can adsorp (i.e., chemically bond) directly with the iron

and iron oxide in pipes. Thus, these compounds can then “desorp” back into the water supply.

57. PFAS, GenX, and the Nafion byproducts also exist in small stagnant pockets of

water trapped in scale throughout homes’ plumbing systems. If these small pockets of water are

ever disturbed, they can release the toxins back into drinking water. These compounds reside in

bacteria, biofilm, scale, iron, and iron oxide in the bottom of water heaters, the nooks and

crannies of rusted pipes, and valves, elbows, and water fixtures, among other water-infrastructure

locations. The pipes and fixtures thus act as a reservoir or sponge, continuously attracting and

discharging toxic compounds back into the water supply. As such, true and lasting remediation

can only be accomplished by replacing pipes, fittings, appliances, and fixtures and installing

sufficient filtration systems from the water source all the way to the end-user cup/shower

head/etc.

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 58. Currently, there is no known means to filter GenX and certain other legacy PFAS

out of the water supply on a large-scale, long-term basis. And even if drinking water utilities

develop a filtering method, GenX and other PFAS are already bound to the bio-films in

municipal pipes and residential pipes, fittings, fixtures, and appliances. The only solution is to:

(i) install a sophisticated water filtration system at the juncture connecting municipal pipes to the

pipes for individual homes and businesses; (ii) remove and replace plumbing, fixtures, fittings,

and appliances inside individual homes and businesses; and (iii) provide bottled water to

residents in the interim. Meanwhile, until these remedial actions are complete, the residents will

need to be supplied with bottled water for daily use. Many residents have already purchased

bottled water for themselves to ensure the health and safety of their families.

E. Defendants’ Fraudulent Transfers

59. Defendants have engaged in a series of transactions in an effort to shield assets

from, and otherwise hinder or delay Plaintiffs and other creditors.

60. In 2013, Old DuPont announced its intention to separate its performance

chemicals business, including fluoroproducts, through a U.S. tax-free spin-off to shareholders. In

this spinoff, a newly formed subsidiary would assume significant environmental and tort

liabilities of Old DuPont, pay a multibillion-dollar dividend to Old DuPont, and be spun-off to

Old DuPont’s shareholders.

61. Chemours Co. was formed in February 2014 as a wholly owned subsidiary of Old

DuPont, remaining so until July 1, 2015, when Old DuPont completed the spin-off, along with

the assumption by Chemours Co. of vast environmental liabilities which included those related to

PFOS and PFOA and fluorosurfactants (“the Chemours Spinoff”).

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 62. Through their effectuation of the spin-off in July 2015, Chemours Co. and Old

DuPont caused Chemours Co. to transfer valuable assets to Old DuPont, including but not

limited to a $3.9 billion dividend (the “Transfers”), while simultaneously assuming significant

liabilities (the “Assumed Liabilities”).

63. At the time the Transfers were made and Assumed Liabilities were assumed,

Chemours had a separate board; however, the board was controlled by Old DuPont employees.

64. At the time the Transfers were made and Assumed Liabilities were assumed, Old

DuPont had been sued, threatened with suit, and/or had knowledge of the likelihood of litigation

to be filed regarding Old DuPont’s liabilities for damages and injuries from the manufacture,

sale, and/or disposal of PFAS-containing products. For example:

a) In 2005, Old DuPont agreed to pay $16.5 million in civil penalties to the

EPA to resolve eight counts of alleged violations of environmental statues

concerning PFAS contamination.

b) Also in 2005, Old DuPont agreed to pay $343 million to settle the class

action lawsuit filed on behalf of 70,000 residents of the Ohio River Valley

relating to the contamination of the watershed with PFOA. This settlement also

created the C8 Science Panel, which, as discussed above, conducted studies on the

health effects of PFOA exposure between 2005 and 2013.

c) In 2015, at the time the Transfers were made and Assumed Liabilities

were assumed, another MDL involving over 3,500 PFOA-related personal injury

claims brought by citizens of Ohio and West Virginia was pending in Ohio.9

9
On February 13, 2017, following three multimillion-dollar jury verdicts in three bellwether trials in the Ohio MDL,
Old DuPont and Chemours Co. agreed to pay $671 million to resolve the Ohio MDL, with an additional $125
million promised by Chemours Co. for future PFOA costs not covered by the settlement for a period of five
years.

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 65. The assets Old DuPont transferred to Chemours were unreasonably small in

relation to the business or transaction and to the Assumed Liabilities. As a result, Chemours Co.

did not receive a reasonably equivalent value in exchange for its assumption of liabilities of Old

DuPont.

66. Old DuPont knew or reasonably should have known that Chemours Co. would

incur debts beyond its ability to pay as they became due. Through the Transfers and Assumed

Liabilities Old DuPont and Chemours Co. limited the availability of assets to cover all of the

liability for damages and injuries arising from Old DuPont’s manufacture and sale of PFAS-

containing products.

67. On information and belief, Old Dupont and Chemours Co. entered into the

Transfers and provided for Chemours Co.’s assumption of the Assumed Liabilities with actual

intent to hinder or delay Plaintiffs and other creditors.

68. The assumption of liabilities by Chemours Co. did not relieve Old DuPont of

liability for the claims asserted herein or other liabilities related to Old DuPont’s manufacture

and sale of PFAS-containing products.

69. In furtherance of Old DuPont’s efforts to shield assets from and otherwise hinder

or delay creditors, in December 2015 Old DuPont and The Dow Chemical Company (“Dow”)

completed a merger in which each of them merged into a separate subsidiary of a newly formed

entity, DowDuPont, Inc. (“DowDuPont”). On information and belief, Old DuPont and Dow

merged into separate subsidiaries of DowDuPont as part of an effort to avoid exposing Dow to

the existing liabilities of DuPont, including liability for the claims asserted herein and other

PFAS liabilities.

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 70. Following the Dow-DuPont merger, DowDuPont engaged in a series of

significant internal reorganizations and other transactions (the “Corteva Spinoff”), including the

transactions provided for in an April 1, 2019 Separation and Distribution Agreement (among

DowDuPont and its two subsidiaries, Dow, Inc. and Corteva, Inc. On information and belief, as

part of the Corteva Spinoff, significant assets of Old DuPont were transferred to DowDuPont and

Corteva for less than reasonably equivalent value, leaving Old DuPont with assets that were

unreasonably small in relation to its business. After these transactions, Old DuPont had assets

insufficient to pay its liabilities, including its liabilities for the claims asserted herein and other

PFAS liabilities.

71. The Corteva Spinoff was completed on or about June 1, 2019, when: (a) the

“Agriculture Business” of Old DuPont was held by Corteva, (b) 100% of the stock of Old

DuPont was held by Corteva, (c) the stock of Corteva was spun-off to the shareholders of

DowDuPont, (d) the stock of the Dow, Inc. subsidiary of DowDuPont was distributed to the

shareholders of DowDuPont, and (e) the “Specialty Products Business” and certain other assets

of DuPont were retained by DowDuPont (whose name was changed to become the entity

referred to herein as New DuPont).

72. On information and belief, Defendants engaged in the Corteva Spinoff with actual

intent to hinder or delay Plaintiffs and other creditors.

73. Further, in effecting the Corteva Spinoff, Defendants knew or reasonably should

have known that Old DuPont would no longer have sufficient assets to pay its liabilities,

including its liabilities for the claims asserted herein and other PFAS liabilities.

74. Further, as part of the DowDuPont Separation Agreement, Corteva and New

DuPont assumed direct financial responsibility for certain liabilities of Old DuPont including, on

information and belief, liability for the claims asserted herein and other PFAS liabilities.

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Corteva assumed responsibility for 29% of such liabilities and New DuPont assumed

responsibility for 71% thereof.

PLAINTIFFS’ EXPERIENCES

75. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

A. BERDIE E. BOONE

76. Plaintiff, BERDIE E. BOONE, has been a resident of New Hanover County since

1985. Plaintiff’s current residence is connected to the public water system.

77. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

78. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Ischemic Colitis, diminution of property value, and trespass to chattel at the current residence in

New Hanover County.

B. WILLIE BUTLER

79. Plaintiff, WILLIE BUTLER, has been a resident of Cumberland County since

2019. Plaintiff’s current residence is connected to the public water system.

80. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

81. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Kidney Cancer, diminution of property value, and trespass to chattel at the current residence in

Cumberland County.

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C. KATHY COLLINS

82. Plaintiff, KATHY COLLINS, has been a resident of Cumberland County since

2005. Plaintiff’s current and previous residences are connected to the public water system.

83. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

84. Plaintiff’s proximately caused medical damages include Kidney and Breast

Cancers. Further, since 2020, Plaintiff has owned real property and thus has suffered damages to

that property and related chattel in Cumberland County.

D. JUDY KITCHEN

85. Plaintiff, JUDY KITCHEN, has been a resident of Cumberland County since

2007. Plaintiff’s current residence is connected to the public water system.

86. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

87. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Breast Cancer, diminution of property value, and trespass to chattel at the current residence in

Cumberland County.

E. RONALD MacLELLAN

88. Plaintiff, RONALD MacLELLAN, has been a resident of New Hanover County

since 2004. Plaintiff’s current residence is connected to the public water system.

89. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

90. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Kidney Cancer, diminution of property value, and trespass to chattel at the current residence in

New Hanover County.

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F. MARIAN OSWARD

91. Plaintiff, MARIAN OSWARD, has been a resident of New Hanover County since

1997. Plaintiff’s current residence is connected to the public water system.

92. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

93. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Kidney Cancer, diminution of property value, and trespass to chattel at the current residence in

New Hanover County.

G. LORRAINE SCANLON

94. Plaintiff, LORRAINE SCANLON, has been a resident of Brunswick County

since 2012. Plaintiff’s current residence is connected to the public water system.

95. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

96. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Colon Cancer, Myeloma, Hypothyroidism, diminution of property value, and trespass to chattel

at the current residence in Brunswick County.

H. LASHONDA TEAGUE

97. Plaintiff, LASHONDA TEAGUE, has been a resident of New Hanover County

since 2010. Plaintiff’s current residence is connected to the public water system.

98. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

99. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Kidney Cancer, Ovarian Cancer, diminution of property value, and trespass to chattel at the

current residence in New Hanover County.

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I. LISA WILKINS

100. Plaintiff, LISA WILKINS, has been a resident of New Hanover County since

2005. Plaintiff’s current residence is connected to the public water system.

101. Plaintiff has suffered personal and property damages as a proximate result of

Defendants’ actions and inactions alleged herein.

102. Among Plaintiff’s proximately caused damages, Plaintiff has suffered from

Breast Cancer, diminution of property value, and trespass to chattel at the current residence in

New Hanover County.

COUNT I : NEGLIGENCE

103. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

104. Defendants owed Plaintiffs a duty to exercise reasonable care.

105. As alleged herein, Defendants, individually and collectively, breached their duty

of reasonable care by allowing contaminants to be released into the Cape Fear River, as well as

the drinking water and the airshed of New Hanover, Brunswick, Bladen, Cumberland, and

Pender Counties.

106. Upon learning of the release of the contaminants in 1980, Defendants owed

Plaintiffs a continuing duty to act reasonably to remediate, contain, and eliminate the

contamination before it injured Plaintiffs and their properties and to act reasonably to minimize

the related personal and property damage.

107. Defendants breached that duty by continuing to contaminate the local water

supply and airshed, and by failing to act reasonably in providing usable water to Plaintiffs.

Furthermore, Defendants failed to take reasonable, adequate, and sufficient steps or action to

eliminate, correct, or remedy any contamination after it occurred.

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Case 7:23-cv-01473-D-RN Document 1 Filed 10/31/23 Page 23 of 33
 108. Defendants further breached that duty by failing to timely notify Plaintiffs of the

contamination of the Cape Fear River, as well as the airshed, and the drinking water of New

Hanover, Brunswick, Bladen, Cumberland, and Pender Counties, and of the presence of

contaminants in the ground.

109. As a result of Defendants’ breach of their duty to remediate the contamination,

prevent the discharge of the contamination, and timely notify Plaintiffs of the contamination,

Plaintiffs were forestalled from undertaking effective and immediate remedial measures, and

Plaintiffs have expended and/or will be forced to expend significant resources to test, monitor,

and remediate the effects of the Defendants’ negligence for many years into the future.

110. Defendants’ breach of their duty to exercise reasonable care proximately caused

damage to Plaintiffs’ properties. More specifically, as explained above, Defendants’ conduct

caused toxic PFAS to flow onto and into Plaintiffs’ land, wells, pipes, fixtures, and appliances.

Plaintiffs’ real property is, therefore, less valuable—and someone will have to spend money on

remediation, including cleaning and replacing pipes, fixtures, and appliances. Plaintiffs will also

have to spend money to obtain bottled water, rather than obtaining water from clean, functioning

pipes, and install and maintain filtration systems (including upkeep and maintenance) needed to

avoid additional exposure to Defendants’ PFAS.

111. In addition, Defendants’ breach of their duty to exercise reasonable care

proximately caused damage to Plaintiffs’ bodies, including but not limited to Ischemic Colitis,

Kidney Cancer, Breast Cancer, Colon Cancer, Myeloma, Hypothyroidism, and Ovarian Cancer.

COUNT II : GROSS NEGLIGENCE

112. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

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 113. As alleged herein, Defendants, individually and collectively, caused drinking

water with concentrations of GenX, and on information and belief other toxic chemicals, to be

provided to Plaintiffs, in contravention of drinking water standards. As such, Defendants, either

with gross negligence, recklessly, willfully, wantonly, and/or intentionally, contaminated the

Cape Fear River and the drinking water of New Hanover, Brunswick, Bladen, Cumberland, and

Pender Counties, and contaminated the accessible tap water of Plaintiffs.

114. Defendants’ conduct was so reckless as to demonstrate a substantial lack of

concern for whether injury would result to Plaintiffs.

115. In addition, Defendants’ breach of their duty to exercise reasonable care

proximately caused damage to Plaintiffs’ bodies.

COUNT III : NEGLIGENCE PER SE

116. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

117. Defendants owed Plaintiffs a duty to follow standards of conduct set forth in laws,

regulations, and permits, whose purpose is to ensure public safety.

118. By allowing GenX, and on information and belief related contaminants, to be

released into the Cape Fear River as well as the drinking water and airshed of New Hanover,

Brunswick, Bladen, Cumberland, and Pender Counties, Defendants violated federal and state

public safety statutes and implementing regulations designed to safeguard human health and

protect the environment, including, among others, the Clean Water Act, the Resource

Conservation Recovery Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act.

119. As a direct and proximate result of Defendants’ violation of these standards,

Plaintiffs have suffered and continues to suffer personal and property damage, as described

above.

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 COUNT IV : PUBLIC AND PRIVATE NUISANCE

120. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

121. Defendants’ acts and omissions in discharging contaminants into the air and water

supply in and around the Cape Fear River caused and continue to cause substantial and

unreasonable interference with Plaintiffs’ use and enjoyment of their properties and have

materially diminished and continue to diminish the value of such properties.

122. As further detailed in the allegations herein, when Defendants discharged

contaminants into the air and the water supply in and around the Cape Fear River, Defendants

knew that the discharge would invade Plaintiffs’ interest in the use and enjoyment of their land.

Additionally, Defendants’ willful and wanton discharge of contaminants into the air and water

supply in and around the Cape Fear River was negligent and/or reckless.

123. Defendants’ substantial and unreasonable interference with the use and enjoyment

of Plaintiffs’ properties and continuing substantial and unreasonable interference with such use

and enjoyment constitutes a continuing private and public nuisance.

124. Defendants’ contamination has injured Plaintiffs’ properties in a manner that is

special to, and not shared by, the general public.

125. Defendants’ nuisances proximately caused damage to Plaintiffs’ properties. In

addition, Defendants’ nuisances proximately caused damage to Plaintiffs’ bodies.

COUNT V : TRESPASS TO CHATTELS AND REAL PROPERTY

126. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

127. Defendants’ acts and omissions in willfully and wantonly discharging

contaminants into the water supply in and around the Cape Fear River have resulted and continue

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to result in the release and threatened release of toxic chemicals at, under, onto, and into

Plaintiffs’ properties.

128. The toxic chemicals present on Plaintiffs’ properties and in their body originating

at the FWP were at all relevant times hereto, and continue to be, the property of Defendants.

129. The invasion and presence of the toxic chemicals at, under, onto, and into

Plaintiffs’ properties and bodies were and continues to be without permission or authority from

Plaintiffs or anyone who could grant such permission or authority.

130. The presence and continuing presence of the toxic chemicals at Plaintiffs’

properties and in their bodies constitutes a continuing trespass.

131. As alleged in this complaint, Defendants’ trespasses proximately caused damage

to Plaintiffs’ real properties and contaminated chattel.

132. In addition, Defendants’ trespasses proximately caused damage to Plaintiffs’

bodies by violating their bodily integrity (i.e., contaminating their bodies), thereby necessitating

future medical expenses, including regular testing.

COUNT VI : UNFAIR AND DECEPTIVE TRADE PRACTICES

N.C.G.S. § 75-1.1 et seq.

133. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

134. The North Carolina Unfair and Deceptive Trade Practices Act provides that

“[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or

practices in or affecting commerce are declared unlawful.” N.C. Gen. Stat. § 75-1.1(a).

Defendants’ unfair and deceptive practices alleged herein constitute unfair and deceptive acts or

practices in or affecting commerce pursuant to N.C. Gen. Stat. § 75-1.1. Defendants’ practices

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are illegal, unfair, or deceptive acts or practices in the conduct of trade or commerce and have

created current and continuing unjust costs and damages to Plaintiffs.

135. Defendants’ actions or omissions alleged herein constitute unfair or deceptive acts

or practices in or affecting the stream - or, in this case, River - of commerce.

136. Plaintiffs are injured “person[s]” pursuant to § 75-16 because the business has

been damaged due to Defendants’ unfair or deceptive trade practices.

137. Defendants’ recurrent violations of environmental regulations and otherwise

actions to poison the River offend public policy and are immoral, unethical, oppressive,

unscrupulous, or substantially injurious to Plaintiffs.

138. Defendants’ relevant officers, directors, or managers participated in or condoned

the conduct constituting the unfair, unethical, immoral, and/or substantially injurious damages to

Plaintiffs.

139. Plaintiffs allege that the benefit to the public good, far outweighs the

inconvenience to the Defendants of ceasing to engage in the various practices described herein

that violate North Carolina’s unfair and deceptive practices act pursuant to N.C.G.S. §75-1.1.

140. Defendants have caused great harm to Plaintiffs, acting with implied malice and

an outrageously conscious disregard for Plaintiffs’ rights and safety, such that the imposition of

trebled or punitive damages - whichever is greater - is warranted.

141. Defendants failed to incur expenditures to limit or prevent the release of GenX

and other toxic PFAS into the environment and prevent the contamination of Plaintiffs’ readily

accessible water supplies, failed to incur the costs to timely investigate the impacts on Plaintiffs

and their properties, failed to incur the costs to timely mitigate the impacts on Plaintiffs and their

properties, and failed to incur costs to remediate the contaminated soil, dust and groundwater at

Fayetteville Works. Defendants have been unjustly enriched by these and other failures to make

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expenditures to prevent the person and properties of Plaintiffs from being contaminated with

PFASs, GenX and Nafion byproducts.

COUNT VII: ACTUAL FRAUDULENT TRANSFER

142. Plaintiffs incorporate by reference each and every allegation set forth in all

preceding paragraphs as if fully restated herein.

143. Through their effectuation of the Chemours Spinoff, Chemours Co. transferred

valuable assets to Old DuPont, including but not limited to the $3.9 billion dividend (the

“Transfers”), while simultaneously assuming significant liabilities (the “Assumed Liabilities”).

144. The Transfers and Assumed Liabilities were made for the benefit of Old DuPont.

145. At the time that the Transfers were made, and the Assumed Liabilities were

assumed, and until the Spinoff was complete, Old DuPont was in a position to, and in fact did,

control and dominate Chemours Co.

146. Defendants made the Transfers and incurred the Assumed Liabilities with the

actual intent to hinder, delay, and defraud the creditors or future creditors of Chemours Co.

147. Plaintiffs have been harmed as a result of the conduct of Old DuPont and

Chemours Co.

148. Plaintiffs are entitled to avoid the Transfers, to recover property or value

transferred from Chemours Co. to Old DuPont, or to hold Old DuPont jointly and severally liable

for any damages or other remedies against Chemours Co. that may be awarded by the Court or

jury.

149. Defendants have further acted with actual intent to hinder, delay, and defraud

Plaintiffs and other parties in connection with the Corteva Spinoff.

150. As part of the Corteva Spinoff, Old DuPont transferred valuable assets to Corteva,

Inc. and/or New DuPont (f/k/a DowDuPont) without receiving a reasonably equivalent value in

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exchange for the transfer or obligation, when (i) it was engaged or was about to engage in a

business or a transaction for which the remaining assets of Old DuPont were unreasonably small

in relation to the business; or (ii) Defendants intended for Old DuPont to incur, or believed or

reasonably should have believed that Old DuPont would incur, debts beyond its ability to pay as

they became due.

151. The Corteva Spinoff was made for the benefit of Corteva, Inc. and New DuPont.

152. Plaintiffs have been harmed as a result of the Corteva Spinoff.

153. Plaintiffs are entitled to avoid the Corteva Spinoff, to recover property or value

transferred from Old Dupont to New DuPont and/or Corteva, Inc., or to hold New DuPont and

Corteva, Inc. jointly and severally liable for any damages or other remedies against Old DuPont

that may be awarded by the Court or jury.

COUNT VIII: CONSTRUCTIVE FRAUDULENT TRANSFER

154. Plaintiffs incorporate by reference each and every allegation set forth in all

preceding paragraphs as if fully restated herein.

155. Chemours Co. did not receive reasonably equivalent value from Old DuPont in

exchange for the Transfers and Assumed Liabilities that were part of the Chemours Spinoff, nor

did Old DuPont receive reasonably equivalent value for the assets it transferred to Corteva and

New DuPont as part of the Corteva Spinoff.

156. The Chemours Spinoff was made to or for the benefit of Old DuPont, while the

Corteva Spinoff was made to or for the benefit of Corteva and New DuPont.

157. At the time that the Transfers were made and the Assumed Liabilities were

assumed, and until the Spinoff was complete, Old DuPont was in a position to, and in fact did,

control and dominate Chemours Co.

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 158. At the time the Corteva Spinoff was effectuated and until it was completed,

Corteva and New DuPont were in a position to, and in fact did, control and dominate Old

DuPont.

159. The Chemours and Corteva Spinoffs were effectuated at a time when the

remaining assets of Chemours Co. and Old DuPont, respectively, were unreasonably small in

relation to its business.

160. Chemours Co. and Old DuPont were either insolvent, contemplating insolvency,

or became insolvent as a result of the Chemours and Corteva Spinoffs.

161. At the time that the Chemours and Corteva Spinoffs were effectuated, Defendants

intended, believed, or reasonably should have believed that Chemours Co. and Old DuPont,

respectively, would incur debts beyond their ability to pay as they became due.

162. Plaintiffs have been harmed because of the Chemours and Corteva Spinoffs.

163. Plaintiffs are entitled to avoid the transactions comprising the Chemours and

Corteva Spinoffs, and to recover property or value transferred to Old DuPont, Corteva, and/or

New DuPont as a result of those transactions.

COUNT IX: PUNITIVE DAMAGES

164. Plaintiffs incorporate by reference the allegations set forth in all preceding

paragraphs as if fully set forth herein.

165. Defendants’ conduct in secretly releasing their persistent, bio-accumulative, and

toxic PFAS into the Cape Fear River and contaminating the drinking water source for thousands

of North Carolinians, all the while misleading state and Federal regulators and the public, was

willful and wanton, in that Defendants’ acted with a conscious disregard for and indifference to

the rights and safety of others, which Defendants knew or should reasonably have known was

reasonably likely to result in injury, damage or harm.

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 166. Defendants’ willful and wanton conduct caused Plaintiffs to suffer injuries,

damages, and harm as set forth above, for which Plaintiffs seek punitive damages as allowed by

law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs request the following relief from the court:

a) An order for an award of compensatory damages;

b) An order for an award of punitive damages;
c) An order for equitable relief;
d) An order for pre-judgment and post-judgment interest;
e) An order for an award of reasonable attorneys’ fees and litigation expenses; and
f) An order for all such other relief the Court deems just.

TRIAL BY JURY

Plaintiffs request a trial by jury as to all those issues triable as of right.

Respectfully submitted by Plaintiffs’ undersigned counsel.

Cary, North Carolina NAPOLI SHKOLNIK PLLC

Dated: October 31, 2023
/s/ Nevin Wisnoski
Nevin Wisnoski (NC # 55038)
1213 Culbreth Drive
Suite 216
Wilmington NC 28405-3639
Tel: (919) 374-1971
Fax: (888) 870-2757
[email protected]

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 Andrew W. Croner, Esq.
(Special Appearance to be filed)
360 Lexington Avenue
Floor 11
New York, NY 10017-6502
Tel: (212) 397-1000
Fax: (646) 843-7603
[email protected]

NS PR LAW SERVICES LLC

Paul J. Napoli, Esq.

(Special Appearance to be filed)
1302 Avenida Ponce de León
Santurce PR 00907-3982
Tel: (833) 271-4502
Fax: (646) 843-7603
[email protected]

Counsel for Plaintiffs

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JS 44 (Rev. 04/21) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
BERDIE E. BOONE, et al. CORTEVA, INC., et al.
(b) County of Residence of First Listed Plaintiff New Hanover County County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

NAPOLI SHKOLNIK PLLC

1213 Culbreth Drive, Ste 216, Wilmington NC 28405-3639
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ✖ 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government ✖ 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 ✖ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
✖ 240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. § 1332 (Diversity - Property Damage)
VI. CAUSE OF ACTION Brief description of cause:
Damages to Real Property and Personal Injury
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. $50,000,000.00 JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE SEE RELATED CASES ATTACHED DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
10/31/2023 /s/ Nevin Wisnoski (NC # 55038)
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE

Case 7:23-cv-01473-D-RN Document 1-1 Filed 10/31/23 PageMAG.
1 ofJUDGE
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 CIVIL COVER SHEET ATTACHMENT

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Conklin v. Corteva, Inc., et al. 7:23‐cv‐01114 EDNC James C. Dever III
Brown, et al. v. Corteva, Inc., et al. 7:23‐cv‐01409 EDNC Terrence W. Boyle
Ritchie, et al. v. Corteva, Inc., et al. 7:23‐cv‐01465 EDNC Louise W. Flanagan

Case 7:23-cv-01473-D-RN Document 1-1 Filed 10/31/23 Page 2 of 2