E. I. du Pont de Nemours (“DuPont”), the Chemours Company and the Chemours Company FC, LLC (together “Chemours”), the defendants in a multidistrict litigation case involving PFAS in aqueous film-forming foam, move a federal district court to reconsider its previous order to compel, which requires production of thousands of documents, or allow for an interlocutory appeal. DuPont and Chemours request, in full understanding that reconsideration is a serious remedy, that the court consider a procedural order from a previous case that helps evidence an agreement between the two defendants to prevent internal corporate information about PFAS cleanup liabilities from being released. Despite opposition from the plaintiffs, DuPont and Chemours assert that producing the documents that detail the exchanges between them regarding the manufacture and use of PFAS chemicals would violate the attorney-client privilege by disclosing confidential and privileged information.
January 5, 2023 | In re: Aqueous Film-Forming Foams Products Liability Litigation Case No. 2:18-mn-02873-RMG (D.S.C.)