No. 20-30365.

16 F.4th 427 (2021)

Juanea L. BUTLER, individually and as representative of all others similarly situated, Plaintiff—Appellant, v. DENKA PERFORMANCE ELASTOMER, L.L.C.; E. I. DuPont de Nemours & Company; State of Louisiana, through the Department of Health, incorrectly named as Louisiana State Through the Department of Health and Hospitals; State of Louisiana, through the Department of Environmental Quality; DuPont Performance Elastomers, L.L.C., formerly known as DuPont Dow Elastomers, L.L.C., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed October 15, 2021.

Attorney(s) appearing for the Case

Danny Dustin Russell , Russell Law Firm, L.L.C., Baton Rouge, LA, James D. McMichael , Attorney, Spencer & Taylor, P.L.C., Lexington, VA, for Plaintiff-Appellant.

James Conner Percy, Esq. , Jones Walker, L.L.P., Baton Rouge, LA, Brett S. Venn , Jones Walker, L.L.P., New Orleans, LA, for Defendant-Appellee Denka Performance Elastomer, L.L.C.

Deborah DeRoche Kuchler , Joshua James Doguet , Sarah Elizabeth Hams , Kuchler Polk Weiner, L.L.C., New Orleans, LA, Bradley Weidenhammer , Kirkland & Ellis, L.L.P., Chicago, IL, for Defendant-Appellee E I DuPont de Nemours & Company.

W. L. West, Attorney , Roedel, Parsons, Blache, Fontana, Piontek & Pisano, A.L.C., Baton Rouge, LA, for Defendant-Appellee State of Louisiana.

Patrick B. McIntire , Lawrence E. Marino , Oats & Marino, Lafayette, LA, for Defendant-Appellee State of Louisiana.

Before Haynes, Higginson, and Oldham, Circuit Judges.

In this environmental tort case, Juanea Butler alleges that neoprene production from the Pontchartrain Works Facility exposed residents of St. John the Baptist Parish, Louisiana, to unsafe levels of chloroprene, which she contends may result in a myriad of adverse health conditions including an elevated risk...


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