South Carolina

Johnson Controls subsidiary Tyco Fire Products LP—a manufacturer of AFFF, a firefighting foam that is alleged to contain or degrade into PFAS—agreed to a $750 million settlement to resolve PFAS contamination claims brought by a class of public water systems in the AFFF MDL pending in the District of South Carolina. The district court issued…

As part of the settlements reached by 3M and Dupont in the AFFF MDL, a South Carolina federal judge approved an award totaling nearly $1 billion for the plaintiffs’ attorneys’ fees and costs. The judge noted that plaintiffs’ counsel worked over 400,000 hours over four and one-half years to achieve the settlements against the two…

Counsel for the EPA and DuPont submitted a joint stipulation of dismissal for an appeal filed in the Third Circuit involving an EPA Test Order that previously required DuPont to comply with testing deadlines and other requirements for 6:2 FTSB and HFPO – different types of PFAS chemicals. The EPA released DuPont from the testing…

The U.S. District Court in South Carolina denied DuPont’s and other companies’ motion for summary judgment seeking to limit their liability in a multi-district litigation case involving alleged PFAS contamination in aqueous film-forming foams (“AFFF”). Despite arguments to the contrary, the Court concluded that the claim against the defendants contained at least one question that…