Per- and Polyfluoroalkyl Substances (PFAS) Archives

PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella
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PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella

PFAS Litigation—A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits: What Are the Legal and Business Risks to Companies by John Gardella

November 30th, 2022|Categories: Emerging Litigation & Risk, HB Tort Notes, Journal, Mass Torts, New Featured Post for Home Page, News|Tags: class actions, environmental law, Per- and Polyfluoroalkyl Substances (PFAS), personal injury, toxic torts|

The Author John P. Gardella (jgardella@cmbg3.com) is a shareholder and Chief Services Officer at CMBG3 Law, where he also chairs the firm’s PFAS, Environmental, Risk Management and Consulting and ESG practice groups. John is the latest addition to the Editorial Board of Directors for the Journal on Emerging Issues in Litigation. Interviews with leading attorneys and other subject matter experts on new twists in the law and how the law is responding to new twists in the world. PFAS Litigation A Historical Overview and the Growing Trend in Consumer Fraud Lawsuits "It is of the utmost importance that businesses along the whole supply chain in the consumer goods sector evaluate their PFAS risk and fully understand the legal arguments that plaintiffs could make against companies in litigation." Abstract: Per- and polyfluoroalkyl substances (PFAS) are a class of over 12,000 man-made compounds. Most people would recognize the brand names Teflon, produced by DuPont, and Scotchgard, produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are also bringing suits against companies for claiming their products and the making of their products are safe and green. This [...]

PFAS Consumer Fraud Litigation with John Gardella
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PFAS Consumer Fraud Litigation with John Gardella

PFAS Consumer Fraud Litigation with John Gardella

November 14th, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: class actions, environmental law, Per- and Polyfluoroalkyl Substances (PFAS), personal injury, toxic torts|

These stubborn chemicals are everywhere. But when they find their way into products, shouldn't someone tell consumers? Per- and poly-fluoroalkyl substances (“PFAS”) are a family of more 12,000 manmade compounds. That's a huge family. Most people would recognize the brand names Teflon, produced by Dupont and Scotchgard produced by 3M. They also go by the nickname “forever chemicals” because they are highly persistent and mobile in the environment and the human body. In addition to bodily injury and environmental pollution litigation, plaintiffs are bringing suits against companies for claiming their products and the making of their products are safe and green. New consumer lawsuits seeking millions in damages are targeting oral hygiene products -- like a recent case involving dental floss -- cosmetics, apparel, and food packaging. Listen to my interview with environmental lawyer John Gardella of CMBG3 Law who discusses why PFAS concern citizens, media and legislators, what legal risks corporations face, and why we're seeing a surge in consumer fraud litigation. 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 Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects please drop [...]

Medical Monitoring for Modern Times with Ed Gentle
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Medical Monitoring for Modern Times with Ed Gentle

Medical Monitoring for Modern Times with Ed Gentle

November 1st, 2022|Categories: ELP, Emerging Litigation & Risk, News|Tags: class actions, complex litigation, emerging litigation, Per- and Polyfluoroalkyl Substances (PFAS), toxic torts|

Medical Monitoring for Modern Times: Attorney and court-appointed neutral Ed Gentle shares his vision for a new paradigm for mass torts. Marissa, a resident of a small town in Kentucky, learned that for some time her drinking water may have been contaminated with so-called "forever chemicals" or PFAS. It's really a collection of chemicals used in products like fire-suppression foam, cookware, stain-resistant sprays, and food packaging. A local public radio reporter covering the story asked Marissa for her reaction. "I was never informed," she said. "And now I'm worried, like, I hope I don't have issues some day in my life." Marissa's concern is like that of many people who find themselves in this situation and is at the center of this episode. When a case like Marissa's goes to court, plaintiffs will seek a ruling that the responsible parties pay for years of medical monitoring. That means they are suing often without signs of an existing injury, and that defendants must pay for something when an injury may not arise. Attorney, author, and court-appointed case neutral, Edgar C. Gentle III, says that approach is antiquated. He outlines a better way in his 2014 essay titled The Medical Monitoring Tort Remedy: Its Nationwide Status, Rationale and Practical Application (A Possible Dynamic Tort Remedy for Long Term Tort Maladies). Now he shares [...]

Insurance Coverage for PFAS Claims
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Insurance Coverage for PFAS Claims

Insurance Coverage for PFAS Claims

April 4th, 2022|Categories: Complex Business Litigation, ELP, Emerging Litigation & Risk, HB Tort Notes, Insurance, Mass Torts, News|Tags: complex litigation, emerging litigation, Insurance Companies, Per- and Polyfluoroalkyl Substances (PFAS), property damage|

PFAS Insurance Coverage with Robert D. Chesler of Anderson Kill Listen to my interview with Anderson Kill's Robert D. Chesler, a preeminent expert on insurance coverage law especially in the context of highly complex long-tail claims scenarios involving multiple parties and events that can span decades and always cost many millions of dollars. Considered by many to be an insurance guru on these cases -- as well as on D&O, cyber and privacy, and intellectual property insurance -- Bob holds a Ph.D. and masters degree from Princeton University, and a J.D. (cum laude) from Harvard Law School. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, and Bob is one of our most valued editorial advisors. The Journal is a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and our friends at Law Street Media. If you have comments or wish to participate in one our projects, or want to tell me how much you learned from Bob, please drop me a note at Editor@LitigationConferences.com. Tom Hagy Host and Litigation Enthusiast P.S. The fact that I make myself laugh during these interviews probably has less to do with the subject matter (most definitely, is more precise) or my sense of humor, and [...]

PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler
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PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler

PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler

February 10th, 2022|Categories: ELP, Emerging Litigation & Risk, Environmental Torts, Insurance, News|Tags: environmental law, Insurance Companies, mass torts, Per- and Polyfluoroalkyl Substances (PFAS), toxic torts|

PFAS Science with Jaana Pietari and Jim Fenstermacher and Litigation with Bob Chesler In Part 1 of the episode, we discussed the PFAS from the scientific and environmental engineering perspective. And to do that I was fortunate to have Jim Fenstermacher and Dr. Jaana Pietari from the global engineering firm Ramboll. Jim and Jaana have deep experience in environmental remediation involving a variety of contaminants, including PFAS. In Part 2, I am joined by Robert Chesler of Anderson Kill. Bob is a long-time expert on insurance coverage for long-tail and other claims. He's considered a guru in the field, and has represented policyholders in disputes over coverage with insurers for as long as I've known him. It's a serious subject and these are seriously qualified folks. I did my part to make a mockery of scientific terms as I struggled to say the name of this family of chemicals. Fortunately for you my guests were much more linguistically nimble and it is their voices you will hear more of. This podcast is the audio companion to the Journal on Emerging Issues in Litigation, a collaborative project between HB Litigation Conferences and the Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm. The podcast itself is a joint effort between HB and Law Street Media. If you have comments or wish to participate in one our projects, or want to [...]

Remediating, Insuring, and Litigating PFAS Claims
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Remediating, Insuring, and Litigating PFAS Claims

Remediating, Insuring, and Litigating PFAS Claims

October 26th, 2021|Categories: Emerging Litigation & Risk, Environmental Torts, HB Tort Notes, Insurance, Journal|Tags: environmental law, insurance, insurance claims recovery, Per- and Polyfluoroalkyl Substances (PFAS), Pollution|

Remediating, Insuring, and Litigating PFAS Claims Abstract PFAS are a group of chemicals found in a variety of products (e.g., Teflon®) and have been used widely in industrial and environmental processes (e.g., oil recovery, firefighting). They do not break down, and over time can accumulate in the body and the environment. While largely no longer used in the United States, they continue to be used internationally. Studies have shown they have adverse health effects on humans and animals. In this article the authors discuss the history and impact of PFAS, insurance coverage for claims relating to PFAS contamination, the practice of “insurance archaeology,” maximizing insurance coverage, and, finally, existing and anticipated litigation arising from environmental damage and bodily harm from PFAS. Authors Dr. Jaana Pietari, PhD, MBA, PE (jpietari@ramboll.com), Senior Managing Consultant with Ramboll Group, has more than twenty years of professional and academic experience in the fate and transport of contaminants, the reconstruction of environmental releases to groundwater and sediments, and environmental forensics. Jim Fenstermacher, PE (jim.fenstermacher@ramboll.com), is a Subject Matter Expert on PFAS environmental fate, transport, and regularly interfaces with academia, provides branding, and supports business development efforts regarding PFAS issues. Dr. Michael Bock, PhD, MS (mbock@intell-group.com), Managing Director at The Intelligence Group, has more than twenty-five years of experience in environmental consulting with a specialization in [...]

CNN — Jury returns $2 billion verdict against Monsanto for couple with cancer — the biggest so far

June 5th, 2019|Categories: Class Actions, Environmental Torts, HB Tort Notes|Tags: class actions, environmental law, mass torts, Per- and Polyfluoroalkyl Substances (PFAS), toxic torts|

[one-half-first] [/one-half-first] [one-half] A California jury returned a $2.055 billion verdict against Monsanto and their popular weed killer, Roundup. “The verdict in Oakland includes more than $55 million in compensatory damage and $2 billion in punitive damages.” The septuagenarian plaintiffs, represented by attorney Michael Miller of The Miller Firm, were a California couple that said long-term exposure to Roundup caused both of them to be diagnosed with non-Hodgkin lymphoma, a cancer that usually cannot be traced back to a source according to the American Cancer Society. The particular carcinogen in Roundup is glyphosate, which the EPA has stated was not a carcinogen in a 2015 assessment, which contradicts WHO’s statement that glyphosate is “probably carcinogenic to humans”. While a Monsanto spokesperson previously denied any manipulation, a jury found that a series of texts and emails between Monsanto and the EPA that proved Monsanto culpable of manipulating science. [/one-half] Read the complete post by Michael Nedelman on CNN.com here!