IBM resolves claims related to alleged exposure to toxic emissions
Client(s) International Business Machines Corporation
Jones Day client International Business Machines Corporation (IBM) resolved numerous claims brought by hundreds of current and former residents of Endicott, NY alleging personal injuries, diminution in property values, and other damages related to alleged vapor intrusion and historic air emissions in the area from IBM's former manufacturing facility. In 2012, IBM won a summary judgment dismissal of claims by plaintiffs suffering no present injuries who sought to have IBM pay for 20+ years of medical monitoring allegedly required as a result of their exposure to chemicals emitted from IBM's former manufacturing facility. A New York state court trial judge agreed with IBM that increased risk of disease is not a compensable injury under New York law and that even if it were, the plaintiffs' asserted levels of increased risk were too low to be actionable. In a related win, the court ruled that only those who own or lease real property have standing to pursue claims for private nuisance in New York, dismissing claims of mere occupants of such properties.
Blaine v. International Business Machines Corp., Index No. 2008/000012 (N.Y.); Anderson v. International Business Machines Corp., Index No. 2008/000287 (N.Y.); Campbell v. International Business Machines Corp., Index No. 2008/000548 (N.Y.); Allerton v. International Business Machines Corp., Index No. 2008/001460 (N.Y.); Angeline v. International Business Machines Corp., Index No. 2008/002816 (N.Y.); Archer v. International Business Machines Corp., Index No. 2008/003071 (N.Y.); Grant Avenue Associates v. International Business Machines Corp., Index No. 2008/001401 (N.Y.); Balanda v. International Business Machines Corp., Index No. 2009/000221 (N.Y.); Abundant Life Tabernacle United Pentecostal Church v. International Business Machines Corp., Index No. 2009/000487 (N.Y.)
