PFAS Litigation Updates

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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.

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Judge Refuses Defendants’ Release from Putative PFAS Class Action

Two defendants, Archroma Management LLC and Daikin Industries, LTD, asked an Ohio district court to reconsider their motions to dismiss challenging personal jurisdiction. The court denied the motion, stating that without an evidentiary hearing, the defendants’ declarations in support of their motion to dismiss did not overcome the prima facie case set out in the plaintiff’s Amended Complaint.

August 3, 2020 | Hardwick v. 3M Co., No. 2:18-cv-1185 (S.D. Ohio)

Two Firefighter Suits Added to South Carolina AFFF MDL

Two former firefighters, both of whom have been diagnosed with prostate cancer, have sued PFAS manufacturers alleging their diagnoses are the result of PFAS exposure via AFFF. Plaintiffs allege that, despite knowledge of its dangers, Defendants concealed the hazards of PFAS.

July 29, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.). Complaint 1; Complaint 2

Shareholders Claim Chemours Officers Profited From Hiding PFAS Liability and Seek $4 Billion Return

In two separate derivative suits, shareholders of Chemours Co. claim that the company’s officers concealed the massive PFAS liabilities the company inherited from DuPont. Plaintiffs allege that the officers executed “coordinated” sales of company stock before public disclosure of the company’s PFAS liability resulted in plummeting stock value.

July 27, 2020 | Lee v. Brown, et al., 1:20-cv-00989-CFC (D. Del.); Savage v. Vergnano, et al., 1:20-cv-00995 (D. Del.)

Washington Water Company Sues Department of Defense and PFAS Manufacturers for over Contamination

Lakewood Water District in Washington sued the Department of Defense, Air Force, Army and PFAS manufacturers, alleging it will pay over $377 million in attempts to mitigate PFAS contamination from firefighting foam used on Joint Base Lewis-McChord. The Water District is seeking transfer of the case to the South Carolina AFFF MDL.

July 16, 2020 | Lakewood Water District v. United States, et al., No. 3:20-cv-05691-RSM (W.D. Wash.)