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 Keeps Putative Class Action Against 3M in New Jersey

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.)

Michigan Suit Against PFAS Manufacturers Survives Multiple Motions to Dismiss

Michigan’s state court case against manufacturers of PFAS-containing products other than AFFF will move into discovery, after the presiding Circuit Court judge ultimately ruled in the State’s favor on eight of nine motions to dismiss.

August 21, 2020 | Nessel v. 3M Co., et al., No. 20:03366-NZ (Mich. Cir. Ct.)

Michigan AG Sues PFAS Manufacturers Over Contamination

Michigan’s Attorney General filed two lawsuits—one in state court and one in federal court—against PFAS manufacturers. The state court complaint targets manufacturers of commercial-grade AFFF who sold product into Michigan, and the federal suit targets manufacturers of military-grade AFFF. The suits seek damages and injunctive relief for “widespread” PFAS contamination in the State.

August 20, 2020 | Federal Suit: Michigan v. E.I. Du Pont Nemours and Co., et al., No. 1:20-cv-00787 (W.D. Mich.); State Suit

Florida City and College Add Suits to AFFF MDL

Hillsborough Community College in Tampa, FL sued PFAS manufacturers for contamination at its Fire Academy. The City of Zephyrhills, FL also brought suit, alleging contamination to its water and property resulting from the use of AFFF in fire protection, training, and response activities.

August 13, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.). Hillsborough Complaint; City of Zephyrhills Complaint