Legal Resources
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...
John Gardella To Present On PFAS For Boston Bar Association
On May 18, 2023 from 11am - 12pm EST, please join CMBG3 Law Shareholder John Gardella and two other members of the Boston bar as they discuss litigation trends for PFAS matters in the Commonwealth of Massachusetts. During the webinar, entitled "PFAS Litigation Update:...
John Gardella To Speak On “360 View of PFAS Risks” To Companies
On May 17, 2023 at 11am EST, please join CMBG3 Law Shareholder John Gardella and Assent's Director of Sustainability, Cally Edgren, on a FREE webinar entitled "The PFAS Puzzle: A 360-View of PFAS' Multidimensional Risks." The webinar will be a dialogue between John...
John Gardella Will Present At PCPC Legal Conference On Emerging Litigation Risks
Please join John Gardella of CMBG3 Law in Quebec on May 10, 2023, when he will speak to PCPC members on emerging contaminants of concern to the cosmetics and beauty industries, and the litigation risks that will stem from those contaminants of concern. For more about...
PFAS Legislative Developments (April 2023)
April 2023 PFAS Legislative Developments April Legislation Tracking (April 1, 2023 – April 30, 2023)Current Trends in Legislation – April 2023 1 Federal Bill Introduced Federal Level Key point addressed: Taxation in relation to PFAS Remediation. Water Quality...
PFAS Lawsuits Brought By Maine and Kentucky
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. Within the last month, two other states - Maine and Kentucky - have joined the fray, becoming the...
PFAS Risk Assessment For PFHxA and PFDA – Impact On Business
Last year, we wrote regarding the EPA's efforts to publish a comprehensive PFAS risk assessment for the PFAS chemical PFHxS, which they did in February 2022 in draft form. In April 2022, the EPA finalized its study and also published a draft toxicological review for...
PFAS CERCLA Designation May Expand
We previously reported on the EPA‘s long-anticipated proposed rule to designate PFOA and PFOS as “hazardous substances” under CERCLA. The public comment period for the CERCLA PFAS proposed rule closed on November 7, 2022, and the EPA is now undertaking a review of the...