U.S. Judge Henry H. Kennedy Jr. of the District of Columbia found that all substantive causes of action set forth in the plaintiffs' complaint arise under state law. Judge Kennedy further held that the plaintiffs' negligence per se claim, while subject to federal jurisdiction, was an alternative theory of liability. The plaintiffs' similar claim for negligence/reckless endanger-ment does not require a showing that the defendant violated federal law, the judge ruled. "Plaintiffs' claims for negligence and negligence per se emerge from the same nexus of facts," Judge Kennedy held. "Under either theory, the crux of plaintiffs' argument is that defendant delivered water contaminated with lead to plaintiffs, causing them the specified injuries. . . The court finds these claims to be alternative theories of liability because they allege the same injuries, the same causation and the same unlawful actions or omissions."
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