BROWN v. SAINT-GOBAIN PERFORMANCE PLASTICS

No. 2022-0132.

300 A.3d 949 (2023)

Kevin BROWN & a. v. SAINT-GOBAIN PERFORMANCE PLASTICS CORPORATION & a.

Supreme Court of New Hampshire.

Opinion Issued: March 21, 2023.


Attorney(s) appearing for the Case

The Hannon Law Firm, LLC, of Denver, Colorado ( Kevin S. Hannon on the brief and orally), Gottesman & Hollis, P.A., of Nashua ( Paul M. DeCarolis on the brief), and Morgan & Morgan Complex Litigation Group, of Tampa, Florida and Denver, Colorado ( John Yanchunis and Kenneth J. Rumelt on the brief), for the plaintiffs.

McLane Middleton, P.A., of Manchester ( Bruce W. Felmly and Jeremy T. Walker on the brief, and Bruce W. Felmly orally), and Dechert LLP, of New York, New York ( Sheila L. Birnbaum , Mark S. Cheffo , Bert L. Wolff , Rachel B. Passaretti-Wu , and Lincoln Davis Wilson on the brief), for the defendants.

Conservation Law Foundation, Inc., of Concord ( Heidi H. Trimarco on the brief), BCM Environmental & Land Law, PLLC, of Concord ( Amy Manzelli on the brief), and Twomey Law Office, of Epsom ( Paul Twomey on the brief), for Testing for Pease, New Hampshire Safe Water Alliance, and New Hampshire Science and Public Health, as amici curiae.

Welts, White & Fontaine, P.C., of Nashua ( Israel F. Piedra on the brief), for New Hampshire Association for Justice, as amicus curiae.

Hermes, Netburn, O'Connor & Spearing, P.C., of Boston, Massachusetts ( Holly M. Polglase on the brief), for Product Liability Advisory Council, Inc., as amicus curiae.

Plunkett Cooney, of Bloomfield Hills, Michigan ( Mary Massaron on the brief), and Primmer Piper Eggleston & Cramer, PC, of Manchester ( Doreen F. Connor on the brief), for DRI, Tri-State Defense Lawyers, and the Washington Legal Foundation, as amici curiae.

Shook Hardy & Bacon L.L.P., of Washington, D.C. and Boston, Massachusetts ( Mark A. Behrens , Christopher E. Appel , and Brandon L. Arber on the brief), for Business and Industry Association, New Hampshire Association of Domestic Insurance Companies, Chamber of Commerce of the United States of America, National Association of Manufacturers, Coalition for Litigation Justice, Inc., American Property Casualty Insurance Association, American Tort Reform Association, American Chemistry Council, and Pharmaceutical Research and Manufacturers of America, as amici curiae.

Primmer Piper Eggleston & Cramer, PC, of Manchester ( Matthew J. Delude on the brief), for New England Legal Foundation, as amicus curiae.


Pursuant to Supreme Court Rule 34, the United States District Court for the District of New Hampshire (Laplante, J.) certified two questions for our consideration. The first question asks whether New Hampshire recognizes "a claim for the costs of medical monitoring as a remedy or as a cause of action" in the context of plaintiffs...

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