News & Analysis as of

Environmental Protection Agency (EPA) Multidistrict Litigation

American Conference Institute (ACI)

[Event] 2nd Annual Summit on PFAS Regulation, Compliance and Litigation - May 29th - 30th, New York, NY

The PFAS regulatory landscape is evolving fast, and with a new administration on the horizon, major changes in compliance, enforcement, and litigation risks could be imminent. If your business fails to stay ahead, you can...more

Goldberg Segalla

New Strategy is Embraced for Product Identification in Multidistrict PFAS Litigation

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The Aqueous Film-Forming Foam (AFFF) MDL has taken a significant step forward with the introduction of a new case management program intended to streamline the complex process of product identification. The program’s...more

Segal McCambridge

The Evolving Landscape of Federal Preemption in Failure to Warn Claims

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For over three decades, federal preemption of state failure to warn claims has served as a powerful defense in strict liability tort cases. Courts have consistently dismissed lawsuits challenging the adequacy of warnings for...more

McGuireWoods LLP

Contaminants Compass: December 2024 Edition

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“Contaminants Compass” is a monthly newsletter that provides updates, legal observations and actionable tips to navigate the evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This edition discusses...more

Harris Beach Murtha PLLC

Defending Benzoyl Peroxide Acne Product/Benzene Litigation

This year, a laboratory issued a report wherein it claims to have tested over-the-counter and prescription acne products containing benzoyl peroxide and found what it deemed to be “unacceptably high” levels of benzene. In...more

Farella Braun + Martel LLP

Multi-State Petition to EPA Seeks Listing of Four PFAS Compounds as Hazardous Air Pollutants Under the Clean Air Act, Sarah Bell,...

Three states have lodged a petition with EPA, seeking the listing of four PFAS compounds as hazardous air pollutants (HAPs) under the Clean Air Act (CAA). In the petition, dated August 29, 2024, the North Carolina Department...more

MG+M The Law Firm

Actuaries Demonstrate EPA Severely Underestimated Water Remediation Costs

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On April 26, 2024, the United States Environmental Protection Agency (EPA) promulgated the first-ever national, legally enforceable maximum contaminant levels (MCLs) for six per- and polyfluoroalkyl substances (PFAS) in...more

Mintz

My Mom would say that, when it comes to PFAS, the Judicial Panel on Multi District Litigation's eyes were bigger than its stomach!

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A little over five years ago, the Judicial Panel on Multidistrict Litigation gave Federal Judge Richard Gergel of South Carolina the burden of disposing of any cases “alleg[ing] that AFFF products used at airports, military...more

Holland & Knight LLP

2023 PFAS Year in Review: EPA Policy and Aqueous Film-Forming Foam Litigation Updates

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2023 was a busy year for folks following legal developments related to per- and polyfluoroalkyl substances (PFAS). In December, the U.S. Environmental Protection Agency (EPA) issued its Second Annual Progress Report. Some of...more

Mintz

Sunshine may be among the best disinfectants but these PFAS defendants are fighting to keep their settlement with Rome, Georgia...

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Supreme Court Justice Louis Brandeis famously exclaimed sunlight is said to be the best of disinfectants. Of course the Atlanta Journal-Constitution and the Rome News-Tribune endorse that proposition. And, the newspapers...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023 - 2

Kardashian Kopycat? Energy Drink Company Claims Competitor Stole Kim's Copyrighted Look - The Instagram posts look nearly identical, in a blink-and-you'll-miss-the-difference kind of way—or so says the complaint filed by...more

Williams Mullen

Environmental Notes - July 2023

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North Carolina Proposes New Guidance for Vapor Intrusion Assessment and Mitigation - The North Carolina Department of Environmental Quality (DEQ) has drafted new and revised guidance documents for the assessment and...more

Mintz

Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next?

Mintz on

Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal...more

Fox Rothschild LLP

State and Federal PFAS Litigation – 2019 to 2021

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PFAS-related litigation continues to accelerate. As shown in the attached graphics, there were more than 2,000 cases in the Multi-District Litigation in the federal district court in South Carolina by mid-January 2022. The...more

Searcy Denney Scarola Barnhart & Shipley

Paraquat: The Basics, the Symptoms and the Legislation Against It

The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more

Pillsbury Winthrop Shaw Pittman LLP

Regulatory Overview on PFAS in the United States

PFAS continues to be an area of focus for EPA and state agencies, as well as an ever-increasing litigation risk for companies that have manufactured, imported, processed, or otherwise used products including chemicals...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Searcy Denney Scarola Barnhart & Shipley

Injured Patients Want Consolidation of Zantac Lawsuits

Litigation Update - On January 30, 2020, class action, consumer protection and pharmaceutical lawyers from around the country will be in federal court in Tampa, Florida to argue before a panel of federal judges whether...more

King & Spalding

Dark Waters and the Future of PFAS Laws

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The newly-released movie Dark Waters, starring A-list actors Mark Ruffalo and Anne Hathaway, has increased public attention on a group of emerging chemicals called Per- and Polyfluoroalkyl substances (“PFAS”). This increased...more

Perkins Coie

Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?

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As businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new...more

McGuireWoods LLP

Has the Ninth Circuit Overhauled Nationwide Settlement Classes?

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Earlier this week, in In re Hyundai & Kia Fuel Efficiency Litig., the Ninth Circuit vacated a nationwide class action settlement, ruling that the lower court had abused its discretion by not considering whether the variations...more

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