Panel Thwarts Attempt to Add Middlesex Water Co. v. 3M Co. to MDL No. 2873

The Judicial Panel denied Defendants’ motion to transfer Middlesex Water Co., which did not on its face raise aqueous foam-related claims, to the MDL in South Carolina. The Panel noted the claims at issue involved the manufacture and sale of PFAS more generally and expressed concern that granting transfer would render the MDL unduly complicated…

Decision on Standing in PFAS Cases Raises Serious Concerns

As litigation concerning the emerging contaminants known as “perfluoroalkyl” or “polyfluoroalkyl” substances (PFAS) has become increasingly common, the omnipresent nature of PFAS has created a troublesome issue for courts and litigants. In particular, courts have struggled to articulate the level of injury necessary to proceed on a claim that exposure to PFAS caused some kind…