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Legal Opinion

Johns v. Eastman Chemical Co.

District Court, S.D. West Virginia

Decided March 31, 2017No. CIVIL ACTION NO. 2:16-01775PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION . AND ORDER

John T. Copenhaver, Jr., United States District Judge

Pending are defendant’s motion to dismiss, ECF No. 3, filed March 1, 2016, and plaintiff’s alternative motion for leave to amend, ECF No. 11, filed May 9, 2016.

I. Background

On January 9, 2014, a chemical mixture leaked from a storage facility owned and operated by Freedom Industries (“Freedom”) into the Elk River. The leak resulted in contamination of West Virginia American Water Company’s water treatment plant and interruption in water service for residents of the surrounding area. The leaked mixture…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Erickson v. PardusSupreme Court of the United States · 2007
  4. Conley v. GibsonSupreme Court of the United States · 1957
  5. Edwards v. City of GoldsboroCourt of Appeals for the Fourth Circuit · 1999

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3Cited by2 opinions

  1. Mitchel/Roberts Partnership v. Williamson EnergyAppellate Court of Illinois · 2025
  2. Paynter v. General Motors LLCDistrict Court, S.D. West Virginia · 2020

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