The Northern District of Georgia dismissed a plaintiff’s request for a permanent injunction that would have required the defendants to clean up a 9,800-acre site allegedly contaminated with PFAS. A resident of Rome, Georgia, alleged that the defendants contaminated Rome’s drinking water, which in turn caused Rome to increase the plaintiff’s water rates. The court…
In February 2021, Earl Parris, Jr. filed a class action complaint, and later an amended complaint, in the Northern District of Georgia against Daikin America (“Daikin”), Inc., and other defendants, alleging discharges of PFAS-contaminated sludge and biosolids into the Raccoon Creek watershed. The court denied of Daikin’s Motion to Dismiss and request to certify questions…
Dalton Utilities, a Georgia public utility involved in pending PFAS litigation in Georgia, appealed a ruling from the Northern District of Georgia partially denying the utility’s motion to dismiss. The Northern District held that Dalton Utilities is not entitled to sovereign immunity on Plaintiff Jarrod Johnson’s claim for nuisance abatement. Johnson urged the Eleventh Circuit…
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…
Residents and property owners near Summerville, Georgia filed a putative class action alleging PFAS-contaminated sludge and biosolids from Trion, Georgia’s water pollution control plant are migrating and contaminating their properties and farms. Plaintiffs’ complaint, which alleges causes of action in tort and under the Clean Water Act and Resource Conservation and Recovery Act, seeks injunctive…