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.https://leagle.com/images/logo.png
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.
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.
Jerry E. Smith, Circuit Judge:
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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