PITTSBURGH — The attorneys representing the Butler School District and three former employees Thursday made motions in federal court asking a judge to dismiss a lawsuit filed over lead and copper exposure at Summit Township Elementary School.

Briefs filed by the attorneys argue that Judge Arthur Schwab should dismiss the lawsuit for failing to state a claim upon which relief can be granted.

The lawsuit, filed Feb. 11 and later amended to include more claims and defendants, was filed by attorneys with Dallas Hartman and Meyers Evans Lupetin and Unatin on behalf of district resident Jennifer Tait, whose daughter attends Summit school. Tait is suing the district, former superintendent Dr. Dale Lumley, former assistant superintendent Mary Wolf and former maintenance supervisor Glenn Terwilliger.

They filed in hopes that the lawsuit will become a class-action lawsuit on behalf of all students and individuals who came into contact with the school's water between August 2016 and January 2017.

The district has not been served papers for any other lawsuits over the lead in the water at the school, nor have any additional plaintiffs been added to the Tait lawsuit, district solicitor Tom King said.

The district also is being sued by its insurance providers, who are arguing that they are not required to pay legal costs and any judgments relating to the Tait lawsuit. Even if it is dismissed, the district will still seek reimbursement of its legal costs, King said.

The parties involved are expecting Schwab to rule soon on the insurance lawsuit and a status conference is scheduled for next week, he said.

The motions Thursday were filed by attorneys Patrick Sorek and Lyle Washowich of Burns White on behalf of the school district, attorney James Miller of Dickie McCamey and Chilcote on behalf of Lumley and Wolf and Jon Hogue of Murray, Hogue and Lannis on behalf of Terwilliger.

In a brief in support of the motion, Burns White's attorneys argue that only one of the six claims in the amended complaint arise under federal law: a claim of “violation of the right to bodily integrity,” which is considered part of Article I and the due process clause of the 14th Amendment of the U.S. Constitution.

They go on to cite Mays versus Snyder, a lawsuit filed in 2015 in federal court against Michigan Gov. Rick Snyder that alleged violation of constitutional rights by the government in Flint, Mich., which also has water contaminated by lead.

That lawsuit was dismissed earlier this year by a judge who ruled that the federal Safe Drinking Water Act “pre-empts other remedies for unsafe drinking water.”

The claim was filed after it was made public that a test of Summit elementary's water in August showed actionable levels of lead and copper but the district did not take action or shut off the water until January.

The lawsuit's other causes of action include negligence, vicarious liability, medical monitoring, civil aiding and abetting and civil conspiracy.

The brief stated that despite the district's opposition to the lawsuit, it is taking the issue of water at the school seriously.

“Conclusive steps have been taken to address, mitigate and correct the circumstances that led to the filing of this action.”

Tait's attorneys will have an opportunity to respond to the motions before the judge makes a ruling.

In an email, attorney Brendan Lupetin said that a motion to dismiss his client's claim is nothing unusual in federal court.

“We will absolutely be filing opposition papers and are optimistic that the case will proceed forward and justice will be had for the affected children and their families,” he said.

Some of the options the judge could choose to take would include denying the motion and allowing the suit to proceed, dismissing the lawsuit as requested or moving the claims under state law to the Butler County Common Pleas Court, King said.