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.

Plaintiffs in this class action are not seeking compensatory damages for personal injuries. Rather, they seek: (1) medical monitoring; and (2) the establishment of an independent panel of scientists to study the effects of PFAS. The class definition was broad: “Individuals subject to the laws of Ohio, who have 0.05 parts per trillion (ppt) of PFOA (C-8) and at least 0.05 ppt of any other PFAS in their blood serum.”

The Sixth Circuit unanimously granted interlocutory review of the class certification order. It found that the “extraordinary procedure” of interlocutory review was necessary because “when a district court certifies one of the largest class actions in history, predicated on a questionable theory of standing and a refusal to apply a cohesion requirement endorsed by seven courts of appeals, to authorize pursuit of an ill-defined remedy that sits uneasily with traditional constraints on the equity power and threatens massive liability, such a decision warrants further review.”

Defendants’ opening brief and amicus briefs supporting defendants were filed at the end of December. The response brief is currently due March 3. This will continue being a case we have our focus on into 2023.