The allegations of a plaintiff’s complaint do not control when evaluating removal under the federal officer removal statute, 28 U.S.C. § 1442(a)(1), and instead the court must credit the defendant’s theory of the case when...more
3/28/2025
/ Appeals ,
Contamination ,
Department of Defense (DOD) ,
Environmental Litigation ,
Federal Contractors ,
Government Contractor Defense ,
Jurisdiction ,
Litigation Strategies ,
Manufacturers ,
PFAS ,
Popular ,
State and Local Government ,
Water Pollution
Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker, and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the...more
The court in the aqueous film-forming foams (“AFFF”) multidistrict litigation recently established a bellwether process to address personal injury claims alleging that polyfluoroalkyl substances (PFAS) in AFFF caused thyroid...more
The Environmental Protection Agency (EPA) recently released two proposed regulations that would classify nine per- and polyfluoroalkyl substances (PFAS) as “hazardous constituents” and expand oversight of waste facilities to...more
Sixth Circuit Rejects Overly Ambitious PFAS Class Action -
Hardwick v. 3M Co. (In re E.I. du Pont de Nemours), No. 22-3765, 87 F.4th 315 (6th Cir. Nov. 27, 2023) -
The United States Court of Appeals for the Sixth Circuit...more
1/24/2024
/ CA Supreme Court ,
Case Consolidation ,
Class Action ,
Expert Testimony ,
Federal Rules of Evidence ,
Gross Negligence ,
Mallory v Norfolk Southern Railway Co ,
Multidistrict Litigation ,
National Institute of Health (NIH) ,
Nursing Homes ,
Personal Jurisdiction ,
PFAS ,
Popular ,
Punitive Damages ,
SCOTUS ,
Take-Home Exposure ,
Unfair or Deceptive Trade Practices ,
Wrongful Death
PFAS defendants can use the International Agency for Research on Cancer’s (IARC’s) recent statement on the carcinogenicity of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) in support of causation and...more
The United States Court of Appeals for the Sixth Circuit vacated a district court’s order certifying a class of 11.8 million people whose blood is allegedly contaminated with PFAS/PFOA and directed the lower court to dismiss...more