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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Plaintiffs, a married couple, sued Du Pont for PFAS contamination resulting from operation of its West Virginia Washington Works facility. Plaintiffs allege PFAS traveled from the facility via the Ohio River, contaminating their water supply in Ohio and thereby causing Plaintiff Sherman White’s kidney cancer.
September 21, 2020 | White v. E.I. Du Pont de Nemours and Co., No. 2:20-cv-04955 (S.D. Ohio)
Plaintiff sued Defendants over PFAS contamination in Hoosick Falls, New York, allegedly resulting from certain Defendants’ operation of nearby facilities. According to Plaintiff, contamination of the town’s water supply caused his later testicular cancer diagnosis. Plaintiff brought strict liability and negligence claims, seeking compensatory, consequential, and punitive damages, as well as attorneys’ fees and costs.
September 18, 2020 | Decker v. Saint-Gobain Performance Plastics Corp, et al., No.1:20-CV-1141 (N.D.N.Y)
In the South Carolina AFFF MDL, parties must obtain approval to seek a preliminary injunction. New Mexico wanted a preliminary injunction that would require the U.S. Air Force to begin efforts to address groundwater PFAS contamination in the state. But, the Court denied New Mexico’s request for leave to seek an injunction, noting that a contrary outcome would frustrate the efficiency of the AFFF MDL and “derail a centralized proceeding.”
September 3, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)
In a putative class action alleging 3M hid evidence of PFAS toxicity, 3M asked the U.S. District Court for the District of New Jersey to transfer the case to Minnesota federal court. Although the proposed class will likely include a fair number of New Jersey residents, the Court found that balancing private and public interest factors favored remaining in New Jersey and denied 3M’s motion to transfer.
August 31, 2020 | In re: 3M Company Securities Litigation, No. 19:15982 (CCC) (D.N.J.)
Plaintiff parents and New Jersey residents sued PFAS manufacturers, alleging that Defendants’ facilities caused PFAS contamination near their home, which in turn caused permanent injury to their son. Plaintiffs seek damages on their own and on their son’s behalf.
August 25, 2020 | Slusser v. Solvay Specialty Polymers, et al., No.1:20-cv-11393 (D.N.J.)