News & Analysis as of

PFAS Jurisdiction

Harris Beach Murtha PLLC

Plaintiffs Cannot Defeat Federal Removal Jurisdiction by Artful Pleading

The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more

Fox Rothschild LLP

Alleging Non-AFFF Claims in a Separate Action May Not Keep Those Claims in State Court

Fox Rothschild LLP on

State government plaintiffs in cases against PFAS manufacturers have adopted the strategy of filing parallel complaints in state court – one for recovery for contamination caused by PFAS in AFFF and a second for potentially...more

Farella Braun + Martel LLP

Fourth Circuit Affirms that Federal Courts Lack Jurisdiction to Review EPA Grant of Petition Under TSCA to Test Fifty-Four PFAS

On June 10, 2024, in Center for Environmental Health v. Regan (No. 23-1476), the Fourth Circuit Court of Appeals held that federal courts do not have jurisdiction to review EPA’s grant of a petition under the Toxic Substances...more

ArentFox Schiff

To Bin or Not to Bin: California Clears Up Questions About Which Products Can Display Recyclability Symbols

ArentFox Schiff on

For many consumers, comprehending Shakespeare is easier than discerning which products are recyclable and which are not. California’s “Truth in Labeling” law (SB 343), which provides stricter regulations for what products or...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

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

Goldberg Segalla

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

Goldberg Segalla on

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

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

Harris Beach Murtha PLLC

PFAS Class Action Dismissed for Failure to Plead Mascaras Contained PFAS

Harris Beach Murtha PLLC on

The U.S. District Court for the Southern District of New York has dismissed, without prejudice, a proposed Class Action Complaint against defendant L’Oreal U.S.A., Inc. (“L’Oreal”) alleging its mascara products contained per-...more

Foley & Lardner LLP

CPSC Signals its Regulatory Interest in PFAS

Foley & Lardner LLP on

On September 20, 2023, the Consumer Product Safety Commission (CPSC) issued a Federal Register Notice and Request for Information asking for public comment about the use and presence of per- and polyfluoroalkyl substances...more

10 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide