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Date: 12-01-2023

Case Style:

Holly Rice, et al. v. First Energy Corp., et al.

Case Number: 2:17-cv-00489

Judge: Kezia O. L. Taylor

Court: United States District Court for the Western District of Pennsylvania (Allegheny County)

Plaintiff's Attorney:

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Defendant's Attorney: Pittsburgh, Pennsylvania insurance defense lawyer represented the Defendant.

Description: Pittsburgh, Pennsylvania personal injury lawyers represented the Plaintiffs who sued the Defendants on negligence theories.

Plaintiffs complain of environmental contamination and polluting events upon their
property and their persons caused by the conduct and activities of the Defendants herein.
Defendants have caused the dispersion of coal ash and its fugitive dust on to the Plaintiffs and
their properties, as well as the surrounding community. Coal ash contains toxic constituents, including but not limited, heavy metals including lead, arsenic, and cadmium and chromium.

Where, as here, Coal ash and its fugitive dust is ingested, inhaled and/or deposited on private
property and surface and groundwater, it does great damage to Plaintiffs’ health, safety and
welfare. It is injurious to property and unreasonably interferes with the comfortable enjoyment
of life and property. Plaintiffs herein assert claims for personal injury and property damage,
trespass, nuisance, and seek medical monitoring.

* * *

WHEREFORE, Plaintiffs, on behalf of themselves and all others similarly situated,
request the Court to enter judgment against the Defendants, as follows:
A. An order certifying the proposed Property Owner Subclass, and the Non-Property
Owner Subclass, and designating Plaintiffs as the named representatives of the respective
Subclasses, and designating the undersigned as Class Counsel;
B. An order requiring Defendants (i) to establish a blood testing program for
Plaintiffs and the Subclasses; (ii) to establish a medical monitoring protocol for Plaintiffs and the
Subclasses to monitor individuals’ health and diagnose at an early stage any ailments associated
with exposure to toxic heavy metals, including but not limited to lead, arsenic, and cadmium, as
well as other toxic chemicals including but not limited to hexavalent chromium; and (iii) to take
all necessary steps to remediate the property and/or residences of Plaintiffs and the Property
Owner Subclass to eliminate the presence of toxic heavy metals, including but not limited to lead,
arsenic, and cadmium, as well as other toxic chemicals including but not limited to hexavalent
chromium; C. An award to Plaintiffs and Subclass members of compensatory, exemplary, and
consequential damages, including interest, in an amount to be proven at trial;
D. An award of attorneys’ fees and costs;
E. An award of pre-judgment and post-judgment interest, as provided by law; and
F. Such other and further relief as the Court deems just and proper.

Outcome: Currently pending before the Court for disposition are the Motions for Summary Judgment filed by First Energy Corp. (ECF No. 58) and NRG Energy (ECF No. 72). In the motions, First Energy Corp. ("FEC") and NRG Energy (collectively, the "Energy Defendants") ask the Court to dismiss all claims in Plaintiffs' First Amended Complaint against them because they do not own or operate the power stations at issue in this action, and under Pennsylvania law, a parent corporation is not liable for the conduct of its subsidiaries. For the reasons that follow, the Court will grant FEC's motion for summary judgment and will grant/deny NRG Energy's motion for summary judgment. In addition, the Court will grant Plaintiffs leave to file an amended complaint for the purpose of adding proper party defendants.

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