Parties Spar At Delaware High Court Over DuPont Deal To Handle PFOA Injury Claims

Mealey's (December 2, 2020, 1:25 PM EST) -- WILMINGTON, Del. — Attorneys for The Chemours Co. and DowDuPont Inc. on Dec. 2 debated before the Delaware Supreme Court whether the separation agreement the companies entered when E.I. du Pont de Nemours & Co. spun off Chemours and saddled it with liability for injuries allegedly caused by exposure to perfluorooctanoic acid (PFOA) was “unconscionable.” An attorney for Chemours said the company did not give consent to the agreement, while an attorney for DowDuPont contended that Chemours’ argument is “muted” because it signed an amendment to the separation agreement two years after the spinoff was completed (The Chemours Company v. DowDuPont Inc., No. 147, 2020, Del. Sup.)....