Michigan Loses Bid To Keep PFAS Suit Out Of MDL

Law360 (June 8, 2021, 8:07 PM EDT) -- The Judicial Panel on Multidistrict Litigation sent Michigan's suit against manufacturers of "forever chemicals" to multidistrict litigation in South Carolina, overruling the state's arguments that the action is distinct because it doesn't involve the use of firefighting foams that contain the substances.

In an order Monday, the JPML denied Michigan's "untenable" attempt to separate out its claims alleging per- and polyfluoroalkyl, or PFAS, contamination purportedly not tied to the use of aqueous film-forming foams, or AFFF, from suits involving the foam. The JPML said the state's claims targeting groundwater contamination involve sites allegedly contaminated with both AFFF and non-AFFF PFASs and said the...

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