Legal Resources
EPA Announces Draft Contaminant Candidate List, Which Includes PFAS, Microplastics, and Pharmaceuticals
On April 02, 2026, the Environmental Protection Agency (EPA) published its draft Sixth Contaminant Candidate List (CCL 6). The CCL is a list of contaminants that are currently not subject to any proposed or promulgated national primary drinking water regulations...
PFAS Legislative Developments (March 2025)
March 2026 PFAS Legislative Developments March Legislation Tracking (March 1 – March 31)Current Trends in Legislation – March 2026Federal Legislature One new bill was introduced. State Legislature 30 bills were introduced across 11 states. Topics include comprehensive...
Trials: How to Avoid an Outsized Percentage of Fault in Toxic Tort Cases
The problem: Most toxic tort trials involve only 1-2 defendants, despite the existence of evidence implicating numerous, even dozens, of other entities as contributing to the plaintiff’s exposure to a toxic substance. Because the trial defendant is the topic of the...
The Importance of Early Appellate Retention in High-stakes Litigation
As multi-million dollar verdicts rise across the country, a new trend is emerging among defendants and insurers: retaining appellate counsel prior to trial. Naturally, trial attorneys are responsible for preserving arguments for appeal. But devastating verdicts and...
DNA Software Meets the Daubert Standard According to the Third Circuit and Adds to the List of New Technologies Being Used at Trial
In one of the latest intersections between technology and the courtroom, the Third Circuit has ruled that a particular brand of probabilistic genotyping DNA software (TrueAllele) is reliable enough to be used at trial. In a world of ever evolving technology, it is...
Third-Party Lab Testing and the New Wave of Consumer Product Litigation: What Manufacturers Need to Know
A common thread connects a growing number of consumer product class actions filed over the past two years: in nearly every case, the lawsuit traces back to a test result generated by an outside laboratory or consumer advocacy organization. Adhesive bandages alleged to...
Hardwick PFAS Case and Potential Class of 11 Million People Is Back
We previously wrote several articles on the Hardwick v. 3M case that originated in Ohio state court and found its way to the Sixth Circuit Court of Appeals for interlocutory review. In the lawsuit, plaintiff Hardwick alleges that PFAS was absorbed into his...
Court Rebuffs EPA Efforts To Stay PFAS Drinking Water Legal Challenge
We have previously detailed the EPA’s efforts under the Biden Administration to regulate certain types of PFAS under the Safe Drinking Water Act (SDWA). In short, PFOA and PFOS would have a Maximum Contaminant Level of 4 ppt, and PFHxS, PFNA, HFPO-DA and certain...
PFAS Warning Labels On Consumer Goods – New Mexico Leads the Way
During 2025, the New Mexico Legislature passed the PFAS Protection Act (HB 212) that aimed to create a phase out of PFAS-containing products within its borders. The rule established testing and reporting requirements that we have seen in several other states (Maine,...
PFAS Consumer Fraud Case Ruling Involving Smartwatches Allows Potentially Massive Class Action To Proceed
About a year ago, we wrote regarding a PFAS consumer fraud lawsuit brought against Apple alleging that its smartwatches contained PFAS, which deceived consumers because the watches were marketed as promoting human health, being environmentally sustainable, and...
Tiny Particles, Big Risk: Could Netflix’s New Documentary, The Plastic Detox, Accelerate Microplastic Litigation in the Cosmetic and Personal Care Product Industry?
The concept of “microplastics” became popular in 2004 after a marine biologist revealed widespread plastic particles in marine environments, sediment and wildlife. That observation shifted the way the world perceived pollutants from “visible litter” to “invisible...
It’s Not Just What You Say – Lessons Businesses Should Learn from the Agnitti Decision
The recent decision by the Massachusetts Appeals Court in Agnitti v. Philip Morris USA Inc., (24-p-780) offers a warning for companies regarding any representations made to consumers, such as product labeling or advertising, as well as litigators pursuing or defending...