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Judge Denies Corning and Philips Motion to Dismiss Case

Wilson & McQueen Oct. 9, 2020

United States District Judge Gregory Van Tatenhove denied a motion to dismiss the lawsuit filed by glass and ceramics manufacturer Corning Inc. and Philips Electronics on Wednesday, August 17. The two companies sought to disarm a class action suit, which claimed that illnesses and property damage were caused by the release of hazardous materials at a glass manufacturing facility in Danville, Kentucky. Corning owned the facility from 1952 to 1983 and Philips owned it from 1983 to 2013.

Corning and Philips said the property owners’ claims should be dismissed because they did not submit affidavits that contained certain information about their personal injury and property damage claims. The failure to release information, they say, is a violation of the so-called Lone Pine case management order.

Meanwhile, Van Tatenhove said the property owners had complied with the Lone Pine order, noting in his judgment: “While the provided information could, at times, be more specific, at this stage of the litigation, plaintiffs are required only to present some evidence in support of their claims.”

Contact the attorneys at Wilson & McQueen, PLLC by calling our offices if you were hurt in a personal injury accident in Lexington or another area of Kentucky due to the negligent and irresponsible actions of other parties. We want to help you obtain the compensation you deserve.