Montana Federal Court Declines to Sanction Forum-Shopping Plaintiffs

The District of Montana denied motions for fees, costs, sanctions, and a stay under Rule 41(d) that were brought by 3M, DuPont, and other defendants in a nationwide class action alleging that PFAS-containing firefighter gear caused certain health effects. The Connecticut purchaser plaintiffs had voluntarily dismissed their first-filed Connecticut action and then refiled in Montana, where related municipal claims had progressed more quickly. The defendants argued that this reflected improper forum- and judge-shopping, especially given the plaintiffs’ earlier opposition to transfer to the AFFF MDL based on their position that Connecticut was the proper venue. The District of Montana disagreed, finding that although the plaintiffs took somewhat inconsistent positions, changed circumstances—including the Montana action’s faster pace and the addition of new plaintiff cities—justified consolidation there. Because there had been no adverse substantive rulings against the plaintiffs in Connecticut, the court found no bad faith and denied the motions.

May 28, 2026 | City & County of Butte-Silver Bow v. 3M Co., No. 2:25-cv-00036 (D. Mont.).