In a recent development, the United States Court of Appeals for the Sixth Circuit reversed a prior order certifying a class of Ohio residents having exposure to some level of the per- and polyfluoroalkyl substances (PFAS) due to inadequacy of the named plaintiff, thus ruling in favor of BakerHostetler’s client’s amicus position. Read more.
PFAS, also known as “forever chemicals” due to their resistance to degradation in the environment, have been associated with multiple potential health impacts. The protracted class action lawsuit was brought by the lead plaintiff on behalf of all Ohio citizens with PFAS exposure.
The court’s decision is crucial as it upholds the importance of the lead plaintiff’s standing in class action lawsuits, particularly in environmental exposure cases. The plaintiff, in this case, was deemed to lack the necessary standing owing to his overly ambitious and poorly substantiated claims, consequently causing the Sixth Circuit to overturn the class certification.
This outcome adopts the stance advocated by attorneys from BakerHostetler on behalf of their client, the Ohio Chamber of Commerce, emphasizing them as a key influence in shaping the court’s opinion.
The case, Hardwick v. 3M Co., is viewed as emblematic of larger issues within environmental litigation and offers significant insights for legal professionals navigating the complex landscape of class certification in environmental and health-related lawsuits.