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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More than 200 North Carolina landowners sued DuPont and Chemours for allegedly releasing PFAS into the air, water, and land around Chemours’ Fayetteville facility and contaminating the groundwater surrounding the Fayetteville factory, despite assuring the regulatory community “that they were doing no such thing.”
May 20, 2020 | O’Brien et al. v. E.I. Du Pont de Nemours & Co., et al., 5:20-cv-00208-D (E.D.N.C.)
The Second Circuit affirmed residents of Hoosick Falls, NY’s medical monitoring claims, holding that that plaintiffs had pled a cognizable claim for medical monitoring costs because their allegation that PFOA had accumulated in their blood sufficiently met the injury threshold.
May 18, 2020 | Benoit, et al. v. Saint-Gobain Performance Plastics Corp., et al., No. 17-3941-cv(L) (2nd Cir.)
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.)
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’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.)