Sixth Circuit Dismisses Monumental PFAS Class Action

AGG Litigation partners David Marmins and Morgan Harrison authored an article published by the American Bar Association (“ABA”) titled “Sixth Circuit Dismisses Monumental PFAS Class Action” on January 10, 2024.

In the article, David and Morgan discuss the United States Court of Appeals for the Sixth Circuit’s dismissal of a class action lawsuit brought by Kevin Hardwick, a former firefighter who sought to represent a class comprising nearly every U.S. resident against 10 manufacturers of per- and polyfluoroalkyl substances (“PFAS”), including 3M and DuPont.

“Hardwick provides a succinct and direct appellate opinion on which defendants in PFAS litigation will rely across the country for years to come,” explained David and Morgan. “Plaintiffs should take note of the powerful language in the Hardwick order. Many forthcoming briefs from defendants are sure to invoke the first line of the court’s order: ‘Seldom is so ambitious a case filed on so slight a basis.’”

To read the full article, ABA members may click here.