JACK v. EVONIK CORP.

No. 22-30526.

79 F.4th 547 (2023)

Ervin JACK, Jr., Plaintiff-Appellant, v. EVONIK CORPORATION, successor in interest to Evonik Materials Corporation and Tomah Reserve Incorporated, formerly known as Air Products Performance Manufacturing, Incorporated, formerly known as Versum Materials Performance Manufacturing, Incorporated; Shell Oil Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

FILED August 22, 2023.


Attorney(s) appearing for the Case

Jennifer L. Thornton , Brandon Naquin , Stanley, Reuter, Thornton & Alford, L.L.C., New Orleans, LA, William Andrus Barousse , William Andrus Barousse, New Orleans, LA, for Plaintiff-Appellant.

Jeffrey Edward Richardson , Charles Adam Cerise, Jr. , Erica Sensenbrenner , Roland Manil Vandenweghe, Jr. , Attorney, Adams & Reese, L.L.P., New Orleans, LA, for Defendant-Appellee Evonik Corporation, successor in interest to Evonik Materials Corporation and Tomah Reserve Incorporated, formerly known as Air Products Performance Manufacturing, Incorporated, formerly known as Versum Materials Performance Manufacturing, Incorporated.

Monique M. Weiner , Mark Edward Best, Esq. , Mark Edward Best, Esq. , Janika D. Polk, Esq. , Kuchler Polk Weiner, L.L.C., New Orleans, LA, for Defendant-Appellee Shell Oil Company.

Jonathan S. Franklin , Norton Rose Fulbright US, L.L.P., Washington, DC, for Amici Curiae Chamber of Commerce of the United States of America, Louisiana Association of Business and Industry.

Before Higginbotham, Smith, and Engelhardt, Circuit Judges.


For decades, a facility has allegedly emitted dangerous levels of a chemical called Ethylene Oxide ("EtO"). The dangerous properties of the chemical were not widely known outside the scientific community, so it was not until a local law firm began advertising potential lawsuits that several of the neighboring residents...

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