Sixth Circuit to Review Decision to Certify Class in PFAS Litigation

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Smith Gambrell RussellThe 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 includes residents who have “0.05 parts per trillion of PFOA or at least 0.05 parts per trillion of any other PFAS in their blood serum.” Plaintiff’s counsel justified the size of the class before the U.S. Court of Appeals by noting that its large size is due to the “enormous scale of the harm and damage.” The grant of CERT is considered a win for the Defendants, 3M Co., which could be facing billions of dollars in expenses for medical monitoring for persons exposed to PFAS. 

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