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PFAS Liability

Morgan Lewis

PFAS in Germany and the European Union: A Legal Overview

Morgan Lewis on

PFAS are attracting increasing public attention around the world. In Europe, authorities and residents are trying to assert their rights and are taking more and more legal action. This LawFlash provides a legal overview on...more

Pillsbury - Policyholder Pulse blog

The Latest on PFAS: What Policyholders Need to Know Now

We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related...more

Gray Reed

Waste Management Companies Beware! The Resource Conservation and Recovery Act was Amended

Gray Reed on

In a previous post, I mentioned that contracts between public entities and private waste management companies usually contain compliance and regulation clauses.  Such a clause requires a waste management company to comply...more

McGlinchey Stafford

Defending Manufacturers Against PFAS Claims: Legal Strategies and Challenges

McGlinchey Stafford on

As litigation involving per- and polyfluoroalkyl substances (PFAS) continues to rise, manufacturers of PFAS-containing products face significant legal and financial risks. Plaintiffs, including individuals, communities,...more

Dechert LLP

Dechert Re:Torts - January 2025

Dechert LLP on

PFAS in the Spotlight: EPA and FDA Zero in on Seafood and Water The 2024 PFAS Strategic Roadmap highlights EPA’s desire to implement further regulation and oversight to study and reduce exposure to PFAS. Seafood and...more

Dechert LLP

Dechert Re:Torts - Issue 17

Dechert LLP on

Are Litigation Funders the Truest Parties in Interest? In the April 2023 issue of Re:Torts we covered a dispute that arose in In re Broiler Chicken Antitrust Litigation between third-party litigation funder Burford...more

Nossaman LLP

An Insurance Coverage Checklist For PFAS Defendants

Nossaman LLP on

Per- and polyfluoroalkyl substances, known as PFAS, are the emerging contaminant of concern for both regulators and the regulated community. For example, in a May 28 article in The New York Times, titled "Lawyers to Plastics...more

Maron Marvel

PFAS Enforcement Discretion and Settlement Policy Under CERCLA

Maron Marvel on

On April 17, 2024, the EPA signed a final rule to designate PFOA and PFOS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund. The...more

Farella Braun + Martel LLP

Do You Have Trust (or Estate) Issues Due to PFAS Chemicals Being Designated as Hazardous Substances Under CERCLA?

Among the wide-ranging impacts of EPA’s designation of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under CERCLA may be increased liability for trustees and beneficiaries of...more

Dechert LLP

Dechert Re:Torts - Issue 15

Dechert LLP on

Previous editions of Re:Torts (It’s (Still) Important Enough to Get It Right; Opioid Public Nuisance Question) have covered decisions that addressed whether various states permit public nuisance claims in connection with the...more

Farella Braun + Martel LLP

New PFAS Listing Under Superfund Will Lead to Major Expansion of Liability

On April 19, 2024, the U.S. Environmental Protection Agency (USEPA) announced its final rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under Section 102(a) of...more

Holland & Hart LLP

CERCLA Liability Heats Up: EPA Designates PFAS Chemicals Hazardous Substances

Holland & Hart LLP on

The designation of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) as hazardous substances will likely result in litigation over the U.S. Environmental Protection Agency’s (EPA) Comprehensive...more

Dechert LLP

Dechert Re:Torts - Issue 14

Dechert LLP on

A Prescription for Liability: Michigan Repeals Flagship Drug Immunity Law - Michigan’s recent repeal of immunity provisions under its Product Liability Act has potentially significant implications for pharmaceutical...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!

Mintz on

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

Dechert LLP

Dechert Re:Torts - Key Developments in Product Liability and Mass Torts - Issue 12

Dechert LLP on

The Phantom-Case Menace: Managing the Use of AI in Court Filings - Last summer, we noted caution regarding two parallel ways generative AI tools are impacting courtroom practice: (1) lawyers using generative AI and...more

Harris Beach Murtha PLLC

New York Medical and Life Sciences: Year in Review 2023

From pharmaceuticals to cosmetics, preemption to expert preclusion, New York state and federal courts issued decisions in 2023, which further shaped the landscape in the medical and life sciences legal world. To prepare the...more

Pillsbury - PFAS Observer

Fire-Resistant Turnout Gear Represents a New Frontier in PFAS Liability

The risks associated with PFAS-containing materials are expanding into new areas, as litigation and regulatory enforcement actions continue to rise. Recent trends suggest that employers who provide fire protection gear to...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

MG+M The Law Firm on

A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

MG+M The Law Firm

Paper Mill Potentially Subject to RICO Claims Stemming from PFAS Contamination

MG+M The Law Firm on

A federal magistrate judge has recommended that civil claims brought under the federal RICO Act be permitted to proceed to discovery in a lawsuit stemming from public drinking water contamination with per-and polyfluoroalkyl...more

Cozen O'Connor

Forever Chemical Lawsuit Brought by Tennessee AG

Cozen O'Connor on

Tennessee AG Jonathan Skrmetti brought a lawsuit against a number of manufacturers of per- and polyfluoroalkyl (PFAS) substances, alleging that the manufacturers knew but concealed that their products would harm the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

PFAS CERCLA (Superfund) Liability: Congressional Letter Requesting Equal Treatment (Enforcement Discretion) for Privately...

Congressman Mike Thompson (California) transmitted a June 2nd letter to U.S. Environmental Protection Agency (“EPA”) Administrator Michael S. Regan asking for: . . . equal treatment for publicly and privately...more

MG+M The Law Firm

Fire Control Business, Kidde-Fenwal, Files for Bankruptcy amid Rising PFAS Litigation

MG+M The Law Firm on

Per- and polyfluoroalkyl substances (PFAS) have become the subject of increasing new legislation, regulation and litigation. PFAS are a family of more than 10,000 man-made chemicals that have been used for almost 70 years in...more

McGlinchey Stafford

EPA Sets PFAS Enforcement Sights on Manufacturing Industry

McGlinchey Stafford on

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are dominating the environmental health news cycles based on numerous studies which demonstrate their potential risks. The U.S. Environmental Protection Agency (EPA) is...more

Mintz

A rose or PFAS by any other name . . . .

Mintz on

With apologies to Mr. Shakespeare, and respect to the American Water Works Association, PFOS and PFOA, only two of the hundreds of "forever chemicals" collectively known as PFAS, are either as concerning as the hundreds of...more

MG+M The Law Firm

Sixth Circuit Grants Interlocutory Review of Massive PFAS Class Certification

MG+M The Law Firm on

Recently, a three-judge panel of the US Court of Appeals for the Sixth Circuit granted interlocutory review of an enormous class action that could significantly impact the future of PFAS litigation. ...more

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