He wasn't found liable for anything by a jury.
In 2002, Dunaway was found liable and ordered to pay $579,000 to his children.
Ms. Gordon also said the school board should have been found liable.
The suit asks that the industry be found liable and ordered to share in those costs.
"I think it is highly unlikely they would be found liable," one lawyer said.
The company maintains that it was never found liable for the fish kill.
The new case raises the question whether a school district can ever be found liable under Federal law for one student's harassment of another.
He was later found liable for the deaths in a civil suit brought by the two victims' families.
You can also be found liable if the nuisance has not yet occurred, but is likely to occur.
He has been arrested once, and was found liable by a civil jury for shooting a man to death.