PFAS Litigation Updates

FILTER BY STATE

CA, DC, DE, FL, GA, MD, MI, MN, NC, NJ, NM, NV, NY, NC, OH, SC, TX, VT, WA

The world of PFAS litigation is quickly evolving. As regulatory scrutiny of these compounds increases, so, too, will the body of associated case law. From class actions to multidistrict litigation, this section will regularly highlight developments in PFAS-related litigation.

Content in this section does not reflect the opinion of Alston & Bird or its attorneys.

Please note, a subscription may be required to view some of this content.

 

Read the PFAS Primer Quarterly Update

Subscribe
Previous Issues

U.S. Supreme Court Declines Review of PFAS Case

The U.S. Supreme Court denied to review a case that involved questions of when rulings in multidistrict litigation can prevent relitigation of certain issues. DuPont asked the Supreme Court to review a 2–1 ruling from the Sixth Circuit that applied collateral estoppel to bar relitigating settled issues when it upheld PFAS negligence claims against the company, arguing the ruling would cut a critical method to resolve mass tort suits.

November 20, 2023 | E.I. du Pont de Nemours & Co. v. Abbott, No. 23-13 (U.S.).

Chemical Companies’ Fight to Protect Settlement Terms Continues

The Georgia Court of Appeals granted an emergency motion filed by manufacturers seeking a stay of a trial court order requiring the disclosure of financial terms of settlement agreements resolving claims that the entities were responsible for contaminating the City of Rome, Georgia’s drinking water with PFAS. As part of their motion, the companies argued that the trial court erred by failing to conclude that the financial terms were “trade secrets” excluded from disclosure under the Georgia Open Records Act. These entities further argued that, if a stay were not issued, the financial terms would be disclosed and their appeal would be moot. The Georgia Court of Appeals granted the motion without explanation.

November 20, 2023 | E.I. du Pont Nemours & Co., et al. v. City of Rome, Georgia, et al., No. A24E0033 (Ga. Ct. App.).

Forever Chemicals in Cat Food?

In this putative class action, pet owner plaintiffs allege that Purina falsely advertises its cat food products as healthy when the cat food allegedly contains PFAS because of the packaging. For example, the Cat Chow Complete Chicken product says it contains the “cornerstones of nutrition,” is “100% Complete & Balanced,” and is “formulated to help cats live a long, healthy life.” The plaintiffs allege that laboratory test results show that Purina’s packaging contains more PFAS than other pet food brands.

November 17, 2023 | Kueck v. Nestlé Purina PetCare Co., No. 3:23-cv-05962 (N.D. Cal.).

AFFF Manufacturers Hit with Another State Attorney General Lawsuit

The State of Delaware has sued 14 chemical manufacturers alleging that “PFAS compounds traceable to the use and disposal of AFFF products in Delaware now contaminate natural resources.” Delaware’s complaint specifically identifies an airport and an air force base as key sites. It highlights facts relating to its failure to warn claim, including failure to provide appropriate instructions for preventing the release of PFAS into the environment. Delaware’s complaint is expressly limited to AFFF products.

October 26, 2023 |Delaware v. 3M Company, et al., No. N23C-10-272 (Del. Super. Ct.).

Federal Magistrate Judge Says Yes to Novel Civil RICO Claim

A federal magistrate judge has recommended allowing civil racketeering claims to proceed in a lawsuit over PFAS in the drinking water of a Massachusetts town. In 2022, several residents of the town filed suit asserting a federal RICO claim and other claims against various companies alleging a conspiracy to dump PFAS waste in a composting facility to avoid the high disposal cost associated with hazardous waste. Although the magistrate judge found the plaintiffs’ allegations against certain companies implausible, he nevertheless greenlit their RICO claims against the manufacturers allegedly dumping waste into the facility and the organic composting facility.

September 1, 2023 | Ryan, et al. v. Greif Inc., et al., No. 4:22-cv-40089 (D. Mass.).