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Firefighting foam.
Litigation / PFAS
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Doomed from the Start: Sixth Circuit Extinguishes Hardwick Class-Action PFAS Litigation

“Seldom is so ambitious a case filed on so slight a basis.”

That was the first sentence of Judge RaymondKethledge’s opinion vacating a district court order that certified a class of over 11 million Ohio residents who alleged various companies put their health at risk by manufacturing and selling products containing PFAS.  The panel of three judges on the U.S. Court of Appeals for the Sixth Circuit— Kethledge, Thapar, and Mathis — instructed the district court to dismiss this much-talked-about case for lack of jurisdiction. …

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PFAS
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Motion for Class Certification in Hardwick PFAS Litigation Granted in Part, Denied in Part

As previously reported by our blog, Kevin Hardwick, a firefighter and alleged user of PFAS-containing firefighting foams, filed a class action lawsuit in the U.S. District Court for the Southern District of Ohio in 2018, asserting claims for negligence, battery, declaratory judgment, and conspiracy—all related to the manufacture and use of PFAS products. What is notable about the suit was that it asked for equitable relief in the form of a panel of scientists to study the effects of PFAS and for medical monitoring of …

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PFAS
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Ohio PFAS Class Action Survives Motions to Dismiss

A federal court in the Southern District of Ohio denied the defendants’ 12(b)(1), 12(b)(2), and 12(b)(6) motions to dismiss in a PFAS class action lawsuit in early October 2019. The lawsuit brought by lead plaintiff Kevin Hardwick, a firefighter and alleged user of PFAS-containing firefighting foams, paves the way for a case with enormous breadth to proceed. Hardwick sued 3M Company , E.I du Pont de Nemours and Company, the Chemours Company, Archroma Management LLC, Arkema, Inc., Arkema France, S.A., Diakin Industries Ltd. , Daikin America, …

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PFOA
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Feed It Once And Now It Stays: Another National PFAS Class Action Seeking A Study Rather Than Money

It’s been written about exhaustively in PFAS circles: the C8 Science Panel and its “probable link” findings between PFOA and various diseases. This was a groundbreaking study that was part of a settlement agreement in watershed litigation that ultimately led to a whopping $671 million payout for over 3,000 individual plaintiffs. The defendant, DuPont, had not only agreed to the creation of an independent panel of experts to evaluate any link between exposure to PFOA and human disease, but it also agreed — by extension …

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