The Use of Aqueous Film-Forming Foam (AFFF) in Navy Operations For more than half a century, the Department of Defense (DoD) has mandated the use of firefighting foam containing per- and polyfluoroalkyl substances (PFAS), known as AFFF, resulting in potential PFAS contamination at over 700 military sites across the United States. AFFF has been extensively…
Appeal Delays Settlement in Dupont Water Remediation Case The Metropolitan Water District of Southern California has appealed the $1.185 billion settlement approved by the United States District Court for the District of South Carolina in December 2023. This appeal is being contested by plaintiffs, who argue that the Water District waived its right to appeal…
Insurance Dispute: AIG and Century Indemnity Challenge Coverage for KFI On April 9, 2024, AIG insurance groups Lexington Insurance and National Union Fire Insurance, along with Century Indemnity Co., contested coverage for Kidde-Fenwal Inc. (KFI) in lawsuits regarding harmful chemical exposure from firefighting foam. The insurers argue that KFI should go through arbitration to determine…
Massachusetts Judge Allows Lawsuit Against NFPA Over Carcinogenic Chemicals to Proceed On April 3, 2024, a Massachusetts judge made a significant ruling in a lawsuit brought by the International Association of Fire Fighters (IAFF) against the National Fire Protection Association Inc. (NFPA). The lawsuit, filed the previous year, alleges that NFPA’s fire safety standards mandate…
AFFF Multidistrict Litigation: Nearly 570 New Lawsuits Added, Trials Unlikely in 2024 As of April 1, 2024, the multidistrict litigation (MDL) for AFFF exposure has seen an influx of 568 new cases in the last month, bringing the total to 7,738 pending personal injury cases. The court is focused on reviewing scientific evidence linking AFFF…
New Cancers Considered in AFFF Lawsuit In the ongoing AFFF firefighting foam lawsuit, attorneys are focusing on presenting epidemiological evidence regarding liver cancer and thyroid cancer to the defense. Following Judge Gergel’s recent case management order, plaintiffs have until April 15 to provide all relevant peer-reviewed data and published studies to the defense. Based on…
Judge Gergel Issues Case Management Order #28 in AFFF Cancer Lawsuit Judge Gergel issued Case Management Order #28 in the AFFF Cancer Lawsuit, setting forth specific requirements for both plaintiffs and defendants in the multidistrict litigation (MDL) regarding AFFF firefighting foam. Plaintiffs’ Obligations Plaintiffs are required to provide all relevant peer-reviewed data and published studies…
New CMO #28 Sets Path for AFFF Science Day The latest Case Management Order (CMO) #28 outlines a schedule for both plaintiffs and defendants in AFFF (aqueous film-forming foam) lawsuits to identify and share scientific studies related to diseases allegedly caused by AFFF exposure, excluding those from contaminated water lawsuits. This schedule also paves the…
Transitioning Focus in AFFF Litigation to Personal Injury Cases As we enter the Spring of 2024, the AFFF litigation landscape is undergoing a significant shift from water contamination cases to personal injury cases. Evidence has established a link between AFFF exposure and various cancers, with testicular cancer and kidney cancer showing the strongest causal connection….
Recent Case Additions: In February 2024, the AFFF firefighting foam MDL saw the addition of 176 new cases, bringing the total number of pending cases to over 7,000. While this represents a significant caseload, it’s important to note that many of these cases are related to water contamination and were resolved in last summer’s settlement…