Nevada Plaintiffs’ Suit One of Newest Additions to South Carolina AAAF MDL

A Nevada couple, whose suit is one of the most recent additions to the South Carolina AAAF MDL, sued PFAS manufacturers alleging the husband’s long-term exposure to PFAS as a firefighter caused his later prostate cancer diagnosis. In addition to compensatory damages, Plaintiffs seek punitive damages, alleging “Defendants had good reason to know or expect…

New Mexico Loses its Bid to Litigate at Home

The Judicial Panel on Multidistrict Litigation declined to vacate the transfer of New Mexico’s lawsuit over PFAS contamination at two Air Forces bases. The State argued the case did not belong in the MDL because it involved claims of environmental remediation against the United States, as opposed to products liability claims against the fire-fighting foam…

Ohio Couple Sues DuPont and Chemours For Injury Allegedly Linked to PFOA Exposure

Plaintiffs, a couple residing in Washington County, Ohio, sued DuPont and Chemours following the husband’s kidney cancer diagnosis. The lawsuit references an earlier class action, settled in 2006, related to groundwater and surface water PFOA contamination resulting from operations at a West Virginia manufacturing facility. As part of the settlement, DuPont allegedly agreed that, if…

NY Firefighters File Sprawling Putative Class Action over Foam

Three firefighters from New York State have filed a putative class action against PFAS and AFFF manufacturers under CAFA. The firefighters seek to maintain two classes—personal injury and medical monitoring—on behalf of all individuals currently or formerly employed as firefighters. The firefighters also argue “market share liability” attaches to all defendants, such that liability of…

INSIGHT: States Urge EPA to be More Aggressive on PFAS Under TSCA

State attorneys general are criticizing the EPA for not taking a stronger stance on review and regulation of new uses for PFAS “forever” chemicals. This article explores the issue and suggests ways to strengthen the agency’s supplemental proposal for a new rule under the Toxic Substance Control Act. May 27, 2020 | Bloomberg Law | Authors: Jeffrey…