PFAS
Regulation, Litigation, and Differentiation

Concepts: Per- and Polyfluorinated Substances, PFAS, PFAS Regulation, PFAS Litigation, Differentiation

The PFAS family of human-made compounds are found in countless consumer products, as well as medical devices and firefighting foam. The incredibly strong carbon-fluorine bond that make PFAS so useful also makes them incredibly persistent. They are so ubiquitous that PFAS can be found in the blood of every human on earth and rainwater throughout the world. 

In this episode, we are going to give you some history of the compounds, discuss some important differences among them, and review what litigation we're seeing (including the various claims and defenses).  We will also explore what we can learn from recent settlement structures, forecast the impact of any new regulation, and predict what litigation might be next.

Listen to my interview with David Marmins and Morgan Harrison, Partners with Arnall Golden Gregory LLP. David and Morgan have been at the forefront of PFAS litigation since they began defending carpet manufacturers in suits brought by two Alabama municipalities in 2017.

BONUS! Read David and Morgan's article on the subject, just published in the Journal of Emerging Issues in Litigation.

I hope you enjoy the episode. If so, give us a rating!

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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David Marmins
David MarminsArnall Golden Gregory LLP
David is a partner in the Litigation and Real Estate practices and co-chair of the firm's Retail industry team. David has concentrated his practice on complex civil litigation since becoming a lawyer in 1995. While he handles a variety of high stakes disputes, he has developed a specialty in litigation related to commercial real estate and the retail industry. Clients hire him to resolve construction and leasing contract disputes, environmental nuisance and toxic tort matters, construction payment and defect claims, easement and right-of-way disputes, and various other disagreements over land use and ownership. David is at the forefront litigation over the use and disposal of PFAS, the subject of this episode, and currently serves as defense counsel to three carpet manufacturing industry clients in PFAS litigation in federal and state courts.
Morgan Harrison
Morgan HarrisonArnall Golden Gregory LLP
Morgan is a partner in the firm's Litigation & Dispute Resolution and Employment practices. She is also a member of the Payments Systems & Fintech and Background Screening industry teams. Morgan represents payment processors, consumer reporting agencies, fiduciaries, government entities, and individuals. She handles a wide variety of matters involving contract disputes, business torts, class actions, Fair Credit Reporting Act litigation, fiduciary disputes, and fraud and misrepresentation claims. Her experience includes work at both the trial and appellate levels across the country. Like David (above), Morgan practices on the leading edge of PFAS litigation. Since 2016, she has represented multiple companies in the carpet manufacturing industry in PFAS litigation brought in state and federal courts in Georgia and Alabama. Morgan has also published several articles with the American Bar Association and spoken at the Georgia Environmental Conference on the state of play in PFAS regulations and emerging trends in PFAS litigation.
SarahK Gannon