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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Previous Issues

Federal Court Dismisses Investor Suit Against 3M Related to PFAS Liability Risk

Judge Nancy E. Brasel of the District Court of Minnesota dismissed an investor suit against 3M, ruling that stockholders had not met the heightened pleading burden established by the Private Securities Litigation Reform Act to proceed with allegations that 3M hid its liability risk related to PFAS. Judge Brasel determined that the complaint failed to establish that 3M’s financial statements knowingly downplayed the likely chance of further liabilities incurring from 3M’s historic manufacture of PFAS chemicals.

September 30, 2021 | In re 3M Company Securities Litigation No. 20-cv-2488 (D.MN.)

Georgia Court Allows Pollution Claims to Withstand Motion to Dismiss in Carpet Industry PFAS Case

Judge Amy Totenberg of the Northern District of Georgia allowed most claims in a proposed class action on behalf of people in Rome, Georgia supplied with drinking water downstream of Dalton, Georgia to proceed against 3M and numerous carpet and chemical companies. Judge Totenberg allowed negligence claims to proceed against manufacturers of carpet products but dismissed negligence claims against chemical suppliers, ruling that they couldn’t have foreseen the alleged pollution at issue.

September 20, 2021 | Johnson v. 3M, et al., No. 4:20-cv-8-AT (N.D.G.A.)

Court Approves Settlement of $11.9 Million and Attorneys Fees in Paper Mill PFAS Case

U.S. District Judge Hala Y. Jarbou granted final approval to an $11.9 million settlement deal to resolve allegations that a paper mill in Michigan that produced paper products using PFAS chemistry had contaminated local water supply as a result of improper storage at the site’s landfill. Judge Jarbou also approved of attorney fees of $3.9 million of the settlement funds.

September 1, 2021 | Dykehouse, et al. v. 3M, et al., No. 1:18-cv-1225-HYJ-SJB (D.W.MI.)

Court Awards $5.4 Million in Attorney’s Fees Following $17.5 Million Settlement in Wisconsin PFAS AFFF Suit

The District Court of South Carolina awarded attorneys representing Wisconsin homeowners alleging contaminated drinking water in their wells due to the actions of makers of firefighting foam $5.4 million in fees and costs, which amounts to 33.3% of the $17.5 million settlement agreed to in January. This case was one of many moving forward in the South Carolina multidistrict litigation regarding aqueous film-forming foams.

August 4, 2021 | Campbell v. Tyco Fire Prods. LP, et al., No. 2:19-cv-00422-RMG (S.D.S.C.)

Court Rejects DuPont’s Attempt to Halt Settlement Deal in New York Proposed Class PFOA Case

A New York federal court rejected DuPont’s attempt to stop the preliminary approval of the settlement deal reached between a proposed class of residents alleging PFOA contamination and Saint-Gobain, 3M, and Honeywell. DuPont expressed concerns that the settlement hinders its ability to get a fair outcome as it continues in litigation, including the settlement agreement’s confidentiality regarding the contributions made by each of the settling defendants.

July 27, 2021 | Baker et al. v. Saint-Gobain Performance Plastics et al., No. 1:16-cv-00917-LEK-DJS (S.D.N.Y.)