Law360, New York (November 18, 2014, 1:52 PM EST) -- Pharmacia Corp. asked a Massachusetts federal judge on Monday to dismiss a Massachusetts town’s proposed class action alleging the company manufactured polychlorinated biphenyls used in window caulk in schools, saying the town has no proof that it made the PCBs or that they ever reached toxic levels.
Pharmacia said the town of Lexington cannot claim breach of warranty because it failed to provide expert evidence that the window caulk at Estabrook Elementary School was defectively designed or inadequately warned against PCBs, and that the inherent danger of PCBs is itself hotly disputed. The town also cannot prove that the PCBs found...
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