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Item 3. Legal Proceedings

2024-03-01 compared with 2023-02-24 · 76 added, 59 removed, 8 unchanged (94% of the section changed)

LEGAL PROCEEDINGS.

PFOA Regulatory Notice of Non-Compliance –

In September 2021, the NJDEP issued a Notice to Middlesex based on self-reporting by Middlesex that the level of PFOA in water treated

at its Park Avenue Wellfield Treatment Plant in New Jersey exceeded a recently promulgated NJDEP standard effective in 2021.

NJDEP nor Middlesex characterized this exceedance as an acute health emergency.

However, Middlesex was required to notify its affected

customers and the Company complied in due course.

Water currently being delivered to customers is in compliance

with all USEPA and NJDEP drinking water standards, including the newly established water quality standard for PFOA.

In November 2021, the Company was served with two

PFOA-related class action lawsuits seeking restitution for medical, water filter replacement and other claimed related costs.

These lawsuits

are in the early stages of the legal process and their ultimate resolution cannot be predicted at this time.

The Company’s insurance

provider has acknowledged coverage of potential liability resulting from these lawsuits.

For further discussion of this matter, see Item

7 - Management’s Discussion and Analysis of Financial Condition and Results of Operations, Regulatory Notice of Non-Compliance.

The following summarizes the legal complaints brought against Middlesex related to this matter:

● Vera et al.

Middlesex Water Company - On October 29, 2021, a complaint was filed in the

Superior Court of New Jersey, Middlesex County seeking restitution, equitable and injunctive relief for the costs of (1) seeking medical

In September 2021, the NJDEP issued a Notice to

Middlesex based on self-reporting by Middlesex that the level of PFOA in water treated at its Park Avenue Plant in New Jersey exceeded

a recently promulgated NJDEP standard effective in 2021.

Neither the NJDEP nor Middlesex characterized this exceedance as an acute health

However, Middlesex was required to notify its affected customers and the Company complied in due course.

currently being delivered to customers is in compliance with all USEPA and NJDEP drinking water standards, including the newly established

water quality standard for PFOA.

In 2021, the Company was served with two PFOA-related

class action lawsuits seeking restitution for medical, water filter replacement and other claimed related costs.

These lawsuits are in

the early stages of the legal process and their ultimate resolution cannot be predicted at this time.

The following summarizes the legal

complaints brought against Middlesex related to this matter:

Middlesex Water Company -

On October 29, 2021, a complaint was filed in the Superior Court of New Jersey, Middlesex County seeking restitution, equitable and injunctive

relief for the costs of (1) seeking medical advice;

(2) installing home water filters;

(3) purchasing bottled water;

and (4) court-supervised medical monitoring/testing going forward.

On November 19, 2021, a first amended complaint was filed together with motions for Class Certification and Injunctive Relief.

17, 2021, the parties entered into a Stipulation where it was agreed that Plaintiff’s motion for injunctive relief would be withdrawn.

and (4) court-supervised

medical monitoring/testing going forward.

On November 19, 2021, a first amended complaint was filed together with motions for Class Certification

and Injunctive Relief.

On December 17, 2021, the parties entered into a Stipulation where it was agreed that Plaintiff’s motion

for injunctive relief would be withdrawn.

On February 16, 2022, Middlesex filed a Motion To Dismiss Plaintiffs’ complaint for:

(1) failure to include an indispensable party,

3M Company (3M) , whom Middlesex claims is the source of the PFOA in the Company’s wells;

(2) failure to state legally cognizable claims in support of all of the counts set forth in the complaint.

Plaintiff’s motion for

Class Certification and further discovery is postponed pending the outcome of Middlesex’s Motion To Dismiss.

April 21, 2022, the Judge granted Vera’s Motion for Class Certification and granted in part and denied in part Middlesex’s

Motion to Dismiss.

On May 4, 2022, the Company impleaded 3M as a third-party defendant in this lawsuit.

The Company has also

initiated a separate lawsuit against 3M seeking to hold 3M accountable for introduction of perfluoroalkyl substances, which include

PFOA, into the Company’s water supply at its Park Avenue Wellfield facility.

On July 6, 2022, the Company filed a

Motion to Remove this case from New Jersey Superior Court to the United States District Court for the District of New Jersey.

is currently challenging Middlesex’s Motion To Remove at the U.S.

District Court for the District of New Jersey in an attempt to

remand the case back to the Superior Court of New Jersey.

● Lonsk et al.

Middlesex Water Company and 3M Company

- On November 9, 2021, a complaint was filed in the United States District Court, District of New Jersey seeking Class Certification

and restitution, equitable and injunctive relief for the costs of (1) seeking medical advice;

(2) installing home water filters;

(3) purchasing

bottled water;

failure to include an indispensable party, 3M, whom Middlesex claims is the source of the PFOA in the Company’s wells;

and (2) failure

to state legally cognizable claims in support of all of the counts set forth in the complaint.

Plaintiff’s motion for Class Certification

and further discovery was postponed pending the outcome of Middlesex’s Motion To Dismiss.

On April 21, 2022, the Judge granted Vera’s

Motion for Class Certification and granted in part and denied in part Middlesex’s Motion to Dismiss.

On May 4, 2022, the Company

impleaded 3M as a third-party defendant in this lawsuit.

On July 6, 2022, the Company filed a Motion to Remove this case from New

Jersey Superior Court to the United States District Court for the District of New Jersey.

Vera challenged Middlesex’s Motion

To Remove at the United States District Court for the District of New Jersey in an attempt to remand the case back to the Superior Court

of New Jersey.

On March 21, 2023, the United States District Court for the District of New Jersey issued an order remanding the case back

to the Superior Court of New Jersey.

Discovery is underway in this matter.

On August 29, 2023, the Company executed a settlement agreement

with 3M to resolve a lawsuit related to perfluoroalkyl substances in which Middlesex and 3M agreed to enter into joint mediation to resolve

this and another PFOA-related class action lawsuit against Middlesex and 3M seeking restitution for medical, water replacement and other

claimed related costs.

A mediation session among the parties was held on November 17, 2023.

The Superior Court of New Jersey has set a

deadline of February 29, 2024 for the parties to submit a final settlement agreement with the Court should the parties be able to reach

a settlement.

Middlesex Water Company

and 3M Company - On November 9, 2021, a complaint was filed in the United States District Court, District of New Jersey

seeking Class Certification and restitution, equitable and injunctive relief for the costs of (1) seeking medical advice;

(2) installing

home water filters;

(3) purchasing bottled water;

and (4) all other claimed related costs.

On December 23, 2021, the parties agreed to postpone the filing date of Middlesex’s

and 3M’s answers to the complaint to January 14, 2022 at the earliest.

This filing date was subsequently further postponed to March

On December 23, 2021, the parties agreed to

postpone the filing date of Middlesex’s and 3M’s answers to the complaint to January 14, 2022 at the earliest.

date was subsequently further postponed to March 1, 2022.

On March 4, 2022, Middlesex filed a Motion to Dismiss Plaintiffs’ complaint.

2022, Plaintiffs filed an Amended Complaint.

On July 7, 2022, this case was reassigned to a new trial judge at the United States District

Court for the District of New Jersey.

On October 31, 2022, the trial judge in this matter dismissed Middlesex’s and 3M’s motions

to dismiss the Plaintiffs’ complaint and Middlesex and 3M filed answers to Plaintiffs’ amended complaint on November 21, 2022.

Discovery in this case is currently underway with a scheduled end date of January 9, 2024.

The Company is a defendant in other lawsuits in the

normal course of business.

We believe the resolution of these pending claims and legal proceedings will not have a material adverse effect

on the Company’s consolidated financial statements.

On April 15, 2022, Plaintiffs filed an Amended Complaint.

On July 7, 2022, this case was reassigned to a new trial judge at the United

States District Court for the District of New Jersey.

On October 31, 2022, the trial judge in this matter dismissed Middlesex’s

and 3M’s motions to dismiss the Plaintiffs’ complaint and Middlesex and 3M filed answers to Plaintiffs’ amended complaint

on November 21, 2022.

On August 29, 2023 the Company executed a settlement agreement with 3M to resolve a lawsuit related to perfluoroalkyl

substances in which Middlesex and 3M agreed to enter into a joint mediation, scheduled for November 2023, to resolve this and another

PFOA-related class action lawsuit against Middlesex and 3M seeking restitution for medical, water replacement and other claimed related

Discovery in this case is currently underway and continues.

A mediation session among the parties was held on November 17, 2023.

The Superior Court of New jersey has set a deadline of March 4, 2024 for the parties to submit a final settlement agreement with the Court

should the parties be able to reach a settlement.

For further discussion of the 3M settlement and

the case above, see Item 7 - Management’s Discussion and Analysis of Financial Condition and Results of Operations, Regulatory

Notice of Non-Compliance.

The Company is a defendant in other lawsuits in

the normal course of business.

We believe the resolution of these pending claims and legal proceedings will not have a material adverse

effect on the Company’s consolidated financial statements.

MINE SAFETY DISCLOSURES.

1 unchanged sentence

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 3. Legal Proceedings