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Sixth Circuit Decision Reinforces that Standing & Traceability Key in PFAS Class Actions

The recent decision by the Sixth Circuit in Hardwick and a review of the law from various jurisdictions supports the challenges that Plaintiffs face in proving standing for class certification in PFAS lawsuits. Late in 2023,...more

Delaware Sues Chemical Companies for Contamination from “Forever Chemicals” in Fire-Fighting Foams

Delaware Attorney General Kathleen Jennings filed a lawsuit in late October against 14 defendant chemical companies for manufacturing and sale of fire-fighting foams that contained PFAS, known as “forever chemicals,” used...more

Delaware Supreme Court Rules Manifestation of Physical Harm Required for Claim of Increased Risk of Illness

Reaffirming Delaware’s position on medical monitoring claims apart from its neighboring states, the Delaware Supreme Court answered a question certified to it by the Third Circuit ruling that there must be a manifestation of...more

Delaware Supreme Court to Decide Whether Increased Risk of Illness Constitutes a Claim in Delaware

The Delaware Supreme Court heard arguments on June 14, 2023, on a question certified to it from the Third Circuit of the U.S. Court of Appeals, as to whether medical monitoring claims can be made in Delaware without proof of...more

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