Investigations & Cases


Kohn Swift Announces Preliminary Approval of a Settlement in Delaware River Chemical Spill Case and Your Opportunity to Make a Claim for a Payment from the Settlement Fund

McGraw, et al. v. Altuglas LLC, et al

The lawsuit alleged that Defendants’ Altuglas LLC and Trinseo LLC manufacturing plant in Bristol, Pennsylvania caused a release of chemicals into the Delaware River on or about March 24, 2023, including thousands of gallons of latex emulsion solution, upstream from the Baxter Drinking Water Treatment Plant that supplies drinking water to a majority of the population in Philadelphia. In response to the spill, the City of Philadelphia issued alerts that recommended that citizens in the affected area use bottled water until further notice, which news and media organizations broadcasted widely. The Plaintiffs alleged that they incurred economic losses that they would not have otherwise incurred as a result of the chemical spill or being informed about the release of chemicals by Defendants into the Delaware River. Defendants asserted defenses to the Plaintiffs’ claims and no Court has ruled on Plaintiffs’ claims or Defendants’ defenses.

  • CASE STATUS Settled
  • DATE FILED March 29, 2023
  • CASE NUMBER 240100060
  • DEFENDANTS Altuglas LLC, Trinseo LLC
  • COURT Court of Common Pleas of Philadelphia County


What is this lawsuit about? The lawsuit was brought to recover economic losses because of  advisories and publicity about a potential risk to the water supply in Philadelphia from the accidental release of chemicals in the Delaware River. The Plaintiffs sought to recover for the financial harm, for example purchasing bottled water in response to the advisories and publicity about the advisories, and/or business income loss.

Settlement terms: Defendants have agreed to pay $2.7 million to settle the lawsuit. Eligible Settlement Class Members who submit a claim affirming they purchased bottled water as a result of the accidental release of chemicals in the Delaware River may be eligible to receive at least a Base Payment of $25 (which may be adjusted up or down depending on the type and number of claims filed) and additional damages if supporting documentation shows financial harm, such as business income loss suffered as a result of the accidental release.

Next steps if you believe you are eligible for a claim: To receive a payment, you must submit a valid completed Claim Form. Claim Forms can be submitted online at, mailed to the Philly Water Settlement Administrator at 1650 Arch Street, Suite 2210, Philadelphia, PA, 19103, or emailed to Claim Forms must be postmarked or submitted online by August 16, 2024. Alternatively, to be excluded from the settlement or object to it, please see the instructions at Exclusions and Objections must be emailed or postmarked no later than July 17, 2024.

The Court has scheduled a hearing on September 23, 2024, to determine whether to finally approve the settlement and the request for attorneys’ fees, reimbursement of litigation expenses, and service awards to the class representatives.

Please go to the settlement website linked below for complete information.



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