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

Plaintiffs Move to Compel Discovery from DuPont Entities in PFAS MDL

Plaintiffs contend Defendants related to DuPont should be compelled to provide certain documents—and potentially participate in depositions—regarding corporate history and structuring. According to Plaintiffs, this information is necessary for determining whether all DuPont-related entities with potential PFAS or AFFF liability are before the court.

May 6, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Court Grants United States’ Ex Parte Motion, Allows Government to Avoid Purported Burdensome Production of Secure Documents

The Court sided with the Government in finding it did not have to produce certain Department of Navy documents. The Court agreed with the United States that, viewing the documents’ substance in light of the effort that would be required to produce them—including security review of each document prior to release, the burden of production far outweighed any potential benefit.

April 30, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Washington State Takes on the Air Force over Firefighting Foam

Washington State’s Department of Corrections is seeking $2.45 million from the United States due to the Air Forces’ alleged use of firefighting foam at Airway Heights Corrections Center. According to the DOC, the aqueous foam contaminated groundwater at its food manufacturing facility two miles away causing a manufacturing stoppage at and a recall on food it produced with the polluted water.

April 21, 2020 | Washington State Department of Corrections v. USA, 2:20-cv-00159 (E.D. Wash.)

Defendant National Foam Voluntarily Dismissed from PFAS MDL Under Tolling Agreement

The Court granted Plaintiffs’ and Defendant National Foam’s joint motion based on a tolling agreement between the parties, resulting in the voluntary dismissal without prejudice of 101 cases pending against National Foam in the South Carolina MDL.

April 8, 2020 | In re Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873 (D.S.C.)

Kalispel Tribe Claims PFAS Manufacturers and Users Are Liable for $21 Million in Damages

The Kalispel Tribe of Indians and its casino sued PFAS manufacturers and users, including 3M Co., Tyco Fire Products LP, and the United States Air Force, alleging that the defendants contaminated the water the tribe purchased from the City of Airway Heights and caused $21 million in damages.

March 30, 2020 | Kalispel Indian Tribe et al. v. 3M Co. et al., No. 2:20-cv-00127 (E.D. Wash.)