News & Analysis as of

Appeals PFAS

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS/CERCLA: Associated General Contractors of America, Inc./National Waste & Recycling Association/Chamber File Judicial...

Three organizations filed a petition in the United States Court of Appeals for the District of Columbia challenging the United States Environmental Protection Agency’s (“EPA”) designation of perfluorooctanoic acid (“PFOA”)...more

Goldberg Segalla

Fifth Circuit Tells EPA 40-Year-Old Fluorination Process isn’t ‘New’

Goldberg Segalla on

Inhance Technologies is a company that has been fluorinating plastic containers using the same process since 1983. The fluorination process creates a barrier that keeps dangerous substances from leaching out of their...more

Dechert LLP

Dechert Re:Torts - Issue 14

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A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...more

Maron Marvel

Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

Maron Marvel on

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Foley & Lardner LLP

Unable to Individually Trace PFAS to Manufacturers, Sixth Circuit Dismisses PFAS Class Action

Foley & Lardner LLP on

“Seldom is so ambitious a case filed on so slight a basis.” This is not the accolade any plaintiff wants to receive, and especially not on behalf of 11.8 million class members. But on November 27, the Sixth Circuit Court of...more

Goldberg Segalla

Doomed from the Start: Sixth Circuit Extinguishes Hardwick Class-Action PFAS Litigation

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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...more

Dechert LLP

Dechert Re:Torts - Issue 9

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Delaware Supreme Court Rejects No-Injury Medical Monitoring Claims - As part of our ongoing coverage of issues in Medical Monitoring, we noted that the Delaware Supreme Court received a certified question from the U.S....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Bacteria Effluent Limits/Logan International Airport: Massachusetts Port Authority Petitions U.S. EPA Environmental Appeals Board...

The Massachusetts Port Authority (“Authority”) filed a September 20th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of...more

Mintz

PFAS Rulings in South Carolina & Michigan shine a light on the fact we have no idea what removing PFAS from our environment is...

Mintz on

This week Judge Gergel tentatively approved the $1.2 billion settlement between DuPont (and related companies) and water suppliers now dealing with the fact that EPA and many States have concluded that the most minute...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board: City of Rochester, New Hampshire, Petition for Review/Wastewater Treatment National...

The City of Rochester, New Hampshire, (“Rochester”) filed an April 19th document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review of City of...more

Foley & Lardner LLP

PFAS Plaintiff Asserts One of the Largest Class Actions in History

Foley & Lardner LLP on

You read that correctly: A PFAS plaintiff in a case pending in Ohio federal court recently asserted “one of the largest class actions in history,” according to the Sixth Circuit Court of Appeals, which is currently...more

Dechert LLP

Dechert Re:Torts Newsletter - Key Developments in Product Liability and Mass Torts - Issue 2

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Federal Appeals Court Dismisses Challenge to Interim PFAS Guidance, Leaving Important Questions Unresolved - A federal appeals court dismissed a challenge to EPA's interim guidance for PFAS levels in drinking water,...more

King & Spalding

Hardwick Class Action Is Before The Sixth Circuit

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One of the biggest cases to watch in 2022 was the Hardwick class action. Back in March, Judge Edmund Sargus of the Southern District of Ohio issued an 49-page opinion certifying a class in Hardwick v. 3M Co....more

Mintz

Before cheering the DC Circuit's dismissal of the American Chemistry Council's PFAS lawsuit, let's recognize its effect on all...

Mintz on

Three Judges of the DC Circuit Court of Appeals have dismissed the American Chemistry Council's complaint challenging EPA's interim health advisory levels for PFAS in drinking water. The ACC's case was dismissed, not for...more

King & Spalding

American Chemistry Council Challenges EPA’s New PFOA and PFOS Health Advisories for Drinking Water

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Also late this summer, the American Chemistry Council (ACC) filed a petition with the Court of Appeals, District of Columbia Circuit challenging EPA’s recent interim Lifetime Health Advisories on Four Perfluoroalkyl...more

Smith Gambrell Russell

Sixth Circuit to Review Decision to Certify Class in PFAS Litigation

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The Sixth Circuit has granted review of the District Court the Southern District of Ohio’s decision to certify a class of millions of Ohio residents who may have forever chemicals, known as PFAS, in their blood. The class...more

King & Spalding

Hardwick v. 3M Defendants Petition Sixth Circuit for Permission to Appeal Class Certification

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In our last issue we covered the expansive class certification in the Hardwick v. 3M Co. case pending in the Southern District of Ohio. As we noted at the time, Rule 23(f) permits an immediate appeal without waiting for a...more

King & Spalding

Hardwick v. 3M: Broad Ohio Class Certified

King & Spalding on

On Tuesday, March 8, Judge Edmund Sargus of the Southern District of Ohio issued an 49-page opinion certifying a class in Hardwick v. 3M Co. This is an important case the Focus on Forever team has its eye on. ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFOA/PFOS Litigation - Insurance Coverage: New York Appellate Court Addresses Whether Policies Provide a Duty to Defend

The New York Supreme Court, Appellate Division (“Court”), addressed in a January 6th decision whether two insurance companies had a duty to defend an insured for damages related to the release of certain chemicals. See...more

White and Williams LLP

NY State Appellate Court Holds That Pollution Exclusions Bar Duty to Defend Under Liability Policies for Claims Alleging Exposure...

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On January 6, 2022, the New York Supreme Court, Appellate Division, Third Department, held that the “sudden and accidental” pollution exclusion (SAPE) and “absolute” pollution exclusion (APE) in liability policies relieved...more

White and Williams LLP

North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury...

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On October 19, 2020, the U.S. District Court for the Western District of North Carolina held that a “hazardous materials” exclusion contained in a CGL policy did not preclude a duty to defend the insured against claims...more

Gould + Ratner LLP

Suburb's Citizens Out of Luck Against Contractor's Insurer for Contaminated Water

Gould + Ratner LLP on

Under established Illinois law, an insurer must defend a legal action filed against its insured unless it is clear from the face of the underlying complaint that the allegations fail to state facts which bring the case...more

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