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Standing PFAS

McGlinchey Stafford

Establishing and Challenging Standing in PFAS Litigation

McGlinchey Stafford on

The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...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

BCLP

PFAS Update: Litigation Trends - Motions to Dismiss

BCLP on

Marketing campaigns describing products as “green,” “natural,” and “clean” have become increasingly popular as companies seek to attract environmentally conscientious consumers. With a simultaneous increase in public...more

Eversheds Sutherland (US) LLP

Sixth Circuit validates challenge to PFAS class - demands greater specificity in pleading standards for causation

On November 27, a landmark PFAS decision by the Sixth Circuit effectively dismissed a statewide class action for lack of standing. This potentially sets the stage for a new era of PFAS litigation, where historically general...more

BakerHostetler

Sixth Circuit Sides with BakerHostetler Client’s Amicus Position - Putative Class Plaintiff Lacked Standing

BakerHostetler on

In a recent opinion, the United States Court of Appeals for the Sixth Circuit vacated an order certifying a class of essentially all Ohio residents claiming contact with some level of per- and polyfluoroalkyl substances (also...more

Harris Beach PLLC

S.D.N.Y. Continues Trend of Dismissing PFAS Claims for Lack of Standing

Harris Beach PLLC on

The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed class action complaint against Tom’s of Maine, Inc, (“Tom’s”) and its majority shareholder Colgate-Palmolive...more

American Conference Institute (ACI)

[Event] Drug & Medical Device Litigation - December 5th - 6th, New York, NY

Hosted by American Conference Institute, the 28th Annual Conference on Drug & Medical Device Litigation returns for another exciting year with curated programming and networking opportunities with 400+ industry...more

Foley & Lardner LLP

Solis v. Coty, Inc.: A Look at Article III Standing in PFAS Consumer Products False Advertising Cases

Foley & Lardner LLP on

There has been a recent uptick in false advertising consumer protection lawsuits relating to the presence of Per- and Poly-fluoroalklyl Substances (PFAS) in consumer products. What, exactly, are PFAS? Nicknamed “forever...more

Fox Rothschild LLP

Court of Appeals Dismisses Challenge to EPA’s Interim HALs for PFOA and PFOS

Fox Rothschild LLP on

On January 23, 2023, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s motion to dismiss a petition filed by the American Chemistry Council (“ACC”) challenging EPA’s interim...more

MG+M The Law Firm

DC Court of Appeals Dismisses Advocacy-Group Challenge to EPA's Safe Drinking Water Act for Lack of Standing

MG+M The Law Firm on

A federal court has dismissed an industry challenge to the EPA’s Safe Drinking Water Act (SDWA), which establishes health advisory levels (HALs) for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in drinking water. The...more

Goldberg Segalla

Plaintiffs in PFAS Food-Packaging Case Met With Motion to Dismiss

Goldberg Segalla on

A few weeks ago, our blog reported on a number of complaints filed against some of the most recognizable fast food chains, arising from alleged PFAS-containing food wrappers. The alleged concern is that PFAS contained in the...more

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