may, 2023
Legal Trends
Rhode Island PFAS Lawsuit The Latest State Action
In February 2023, we wrote regarding a PFAS pollution lawsuit filed by Illinois against manufacturers of PFAS seeking damages for alleged contamination in the state. in April 2023, two other states – Maine and Kentucky – joined the fray, becoming the latest states...
PFAS and Beyond: Restatement of Torts Will Shape Toxic Torts Litigation
Over two years ago, I wrote regarding significant updates to the Restatement of Torts that would permit medical monitoring claims even absent a present physical injury to the plaintiff(s). Now, with the American Law Institute poised to vote on the revised language...
Michigan PFAS Drinking Water Challenge Briefing Complete
We previously wrote regarding a Michigan state court ruling that struck down Michigan’s PFAS regulations related to drinking water enforceable limits, with the ensuing appeal in December 2022 by the state. The state filed its legal brief at the end of February 2023...
PFAS MDL Bellwether Looms and Personal Injury Trials Will Follow
We have previously provided numerous updates on key developments out of the AFFF MDL in South Carolina, including the first PFAS MDL bellwether case set for trial on June 5, 2023. In that case, the City of Stuart, Florida will present its case that it should be...
PFAS Litigation Forces Company To Seek Bankruptcy Protection – Will Others Follow?
On May 14, 2023, Kidde-Fenwal filed for bankruptcy protection in the Delaware court system, citing the costs of PFAS litigation and liabilities as untenable and substantially exceeding the company's ability to pay. By way of background, Kidde-Fenwal did not...
Greenwashing Pressures Step Up In U.S. and E.U.
In January 2022, we wrote regarding the Federal Trade Commission's (FTC's) intent to update its “Green Guides“, which “…set forth the Federal Trade Commission’s current views about environmental claims. The guides help marketers [and companies] avoid making...
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