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…
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…
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.)
Defendants that previously opposed Hardwick’s inclusion in the South Carolina MDL changed their position and moved to transfer the case to the growing PFAS MDL. The Panel denied their motion, finding the Hardwick claims broad and insufficiently related to the aqueous film-forming foam at the heart of the South Carolina MDL. February 5, 2020 |…
The Judicial Panel denied Defendants’ motion to transfer Middlesex Water Co., which did not on its face raise aqueous foam-related claims, to the MDL in South Carolina. The Panel noted the claims at issue involved the manufacture and sale of PFAS more generally and expressed concern that granting transfer would render the MDL unduly complicated…