The Australian government announced that it commenced proceedings in the Federal Court of Australia against 3M Company and 3M Australia Pty Ltd. to recover costs for alleged PFAS contamination at 28 defense bases across Australia, where PFAS were allegedly present in legacy firefighting foams used for many years. The government alleges that 3M withheld information…
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,…
Two Michigan landfills, Central Sanitary Landfill and Ottowa County Landfill, survived motions to dismiss their Superfund cost recovery claims against PFAS manufacturers and users. In denying the motions to dismiss, the court rejected the defendant’s “useful product” defense—that it sold a legitimate, valuable product that only later became a hazardous waste. The court also rejected…
San Mateo County filed a proposed RICO class action against 19 chemical companies alleging that their firefighter protective gear contains PFAS. The county alleges the defendants’ turnout gear is treated with PFAS, which then increases the risk of exposure to firefighters during firefighting activities. The defendants knew of the risks of PFAS, the complaint alleges,…
The Northern District of California granted in part and denied in part Apple Inc.’s motion to dismiss a proposed consumer class action alleging that the wristbands of Apple Watch products contained high levels of PFHxA. As previously reported by the PFAS Primer, the plaintiffs alleged Apple Watch products contained excessive levels of PFAS and that…