ELR Citation: 56 ELR 20017
No(s). 2:23-cv-272 (D. Vt. Feb 24, 2026) (Sessions, J.)

A district court denied chemical and pharmaceutical companies' motion for summary judgment in a lawsuit claiming they were liable for exposing teachers to harmful levels of PCBs in building materials at a school that closed after testing detected the presence of PCBs. The teachers asserted five causes of action—strict liability, negligence, failure to warn, misrepresentation, and loss of consortium—and sought damages. The companies moved for summary judgment on all counts and claims for relief. The court found the teachers offered sufficient evidence of a probable link between PCBs and their injuries to create an issue of fact on the question of general causation. It further found genuine issues of material fact with respect to (1) specific causation, given the individualized calculations of the teachers' PCB exposure, the literature regarding harms related to such exposures, and experts' conclusions after considering differential diagnoses, (2) reasonable reliance, given that the teachers relied on the building being safe from contamination, and (3) manufacturing defect, since the teachers offered evidence that PCBs were unsafe for normal use. It denied the companies' motion.