Higgins v. E.I. DuPont de Nemours & Co.

Eastman and Union Carbide (defendants) supplied glycol ether acetates in bulk railroad cars and tank trucks to DuPont (defendant), which used the chemicals in paint later sold to the Baltimore City Fire Department; firefighters, including Higgins (plaintiff), who used the paint each had a child die at birth, and they sued all three companies for failing to warn of the chemicals' link to birth defects and stillbirths, presenting a DuPont memo showing DuPont knew of these dangers even before purchasing the chemicals. Eastman and Union Carbide moved for summary judgment, arguing they had no duty to warn end users of a product DuPont itself reprocessed and resold.