Punitive Damages Cut In DuPont Contamination Case

Law360, New York (March 26, 2010, 6:05 PM EDT) -- A West Virginia court on Friday slashed by nearly half a $196.2 million punitive damages verdict against DuPont Co. for alleged contamination at a former zinc-smelting plant, ruling that punitive damages may not be awarded to claimants seeking future medical monitoring because of past toxic exposure.

The Supreme Court of Appeals of West Virginia said that because punitive damages are not proper in connection with a claim for medical monitoring, it would reduce the amount of the award to $117.7 million.

In addition, due to “mitigating...
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