Sixth Circuit Grants Review of PFAS Class Action Lawsuit

Defendants in an Ohio-based PFAS lawsuit received a mid-litigation win when the Sixth Circuit Court of Appeals approved the defendants’ petition to review the trial court’s class certification of a wide group of individuals. The Sixth Circuit will now review the decision to determine whether or not the trial court properly certified the class.

Regulatory Background

  • Per- and polyfluoroalkyl substances (PFAS) are a large class of chemicals used in many different industries, which degrade in the environment very slowly. Exposure to certain levels of PFAS have been demonstrated to lead to reproductive or developmental effects as well as other illnesses.
  • PFAS are able to repel oil and water and are produced for use as surface treatments for soil, stain, and water resistance; for textiles, paper, and metals; and most notably for fire suppression (foams). They are used in cleaning products, cookware, in leather, paint, and wire insulation.

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