As specified in the agreement by which DuPont sold these assets to INVISTA, DuPont is responsible for costs associated with correcting its noncompliance.
In March 2008, INVISTA filed a lawsuit in federal court in New York seeking damages and a court order requiring DuPont to fulfill its contractual obligations. The lawsuit seeks compensatory damages in excess of $800 million, plus punitive damages because DuPont knew of several safety and environmental violations that placed its employees and the public at risk, but took no action to rectify them or disclose them to INVISTA. On March 30, 2009, the court denied DuPont's motion to dismiss this lawsuit, allowing all elements of the case to continue, including INVISTA's pursuit of punitive damages.