AMERICA PREMIER UNDERWRITERS v. GENERAL ELECTRIC

No. 20-4010.

14 F.4th 560 (2021)

AMERICAN PREMIER UNDERWRITERS, INC., Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 21, 2021.


Attorney(s) appearing for the Case

ARGUED: Frank L. Tamulonis , BLANK ROME LLP, Cincinnati, Ohio, for Appellant. Robert J. Shaughnessy , WILLIAMS & CONNOLLY LLP, Washington, D.C., for Appellee. ON BRIEF: Frank L. Tamulonis , Michael L. Cioffi , Thomas H. Stewart , BLANK ROME LLP, Cincinnati, Ohio, for Appellant. Robert J. Shaughnessy , WILLIAMS & CONNOLLY LLP, Washington, D.C., David W. Walulik , FROST BROWN TODD LLC, Cincinnati, Ohio, for Appellee.

Before: SUTTON, Chief Judge; SUHRHEINRICH and NALBANDIAN, Circuit Judges.


OPINION

This case's story begins in the 1930s and 1940s when General Electric began designing and manufacturing certain self-propelled, electric passenger railcars that included liquid-cooled transformers. The transformers, which generated a great deal of heat, used a coolant called Pyranol that contains toxic...

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