Guam PFAS lawsuit moved to South Carolina district court

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Guam’s PFAS litigation has moved to the multidistrict litigation court in the District Court of South Carolina, Attorney General Leevin Camacho reported.

The Guam AG filed its complaint in the Superior Court of Guam against The 3M Company, Tyco Fire Products LP, Chemguard Inc., Buckeye Fire Equipment Company, Kidde-Fenwal Inc., National Foam Inc., E.I. Du Point De Nemours and Co., and The Chemours Company.

On Nov. 4, 2019, the defendants filed a Notice of Removal with the Superior Court, starting the process of transferring the case to the United States District Court in South Carolina, which is handling the Multidistrict Litigation (MDL) for cases involving the use of aqueous film-forming foams (AFFFs).

The purpose of the MDL is to have a single court handle the pretrial and discovery phases of cases from across the country. Guam’s case was formally moved to the MDL on Nov. 15, 2019.

Guam was represented at the MDL hearing where parties from both sides of the AFFF litigation presented information regarding the science relating to their claims and defenses.

Judge Gergel, who is presiding over the MDL, held a hearing on Oct. 4, 2019, where he heard from experts called by both sides, the Guam AG reported. The court asked the experts
questions involving a wide range of topics such as adverse health effects of PFOS and PFOA and the scope of contamination throughout the United States.

According to the Guam AG, the parties will exchange information relevant to Guam’s claims.

The case is currently in the discovery phase, which means the parties are exchanging documents and information relevant to their claims.

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