NY Panel Shields IBM From Medical Monitoring Damages

Law360, New York (February 20, 2014, 7:33 PM EST) -- A New York state appeals court on Thursday upheld negligence, nuisance and trespass claims against IBM Corp. for allegedly dumping chemicals in an upstate hamlet, but ruled that residents could not pursue medical monitoring damages based on toxic inhalation alone.

A four-judge Appellate Division panel mostly affirmed a Broome County court's summary judgment decisions in the exemplar trial of a vast environmental contamination litigation comprising nine lawsuits and hundreds of individual plaintiffs from the Village of Endicott, near Binghamton.

IBM maintained a manufacturing plant in the...
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