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GET UP TO SPEED ON PFAS OR GET LEFT BEHIND

  • Author:John Ray
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GET UP TO SPEED ON PFAS OR GET LEFT BEHIND

If your firm could turn back the clock have been one of the first “on the ground” in the BP Oil Spill litigation, would you do it. What about Asbestos, or any other major litigation for that matter. Now is your chance to be out front in what may well turn out to be the largest and most significant litigation in history. You know what I am talking about, it’s like when someone asks; “How did that firm get where they are? And the answer is a specific type of litigation like “asbestos” or “BP”.

The purpose of this writing is to help plaintiff attorneys understand why they need to pay attention to all the emerging PFAS litigations. It is also important for attorneys to understand that many if not most of these cases will be local and play out in State Courts.

It is of utmost impotence that Plaintiff firms get out ahead of this emerging wave of litigation(s) and be prepared to sign and handle these cases. You should not be concerned about the complexity of these cases, all the help you need will be available but if your firm is the one on the ground where a major issue arises, you are in the best position to sign the clients. The likelihood that your firm will be the local firm on the ground when one of these cases arises is very high.

Many potential PFAS cases will not play out in a massive MDL. Some MDLs may form but this does not mean those MDLs in Federal Courts will have jurisdiction over many of the cases that will arise.

Many of the various PFAS cases will be comprised of Plaintiffs and  at least one Defendant from the same State, so there will be no federal jurisdiction due to lack of diversity. There will also be no “federal question” jurisdiction nor any other means by which to litigate these cases in a Federal Court, therefore any transfer to an MDL would be improper and the case would be remanded if removed to the MDL.

The following scenario should give you an idea of one of the ways your local area can quickly become a new hot spot for PFAS litigation.

The Des Moines Register ran an article about a report finding that between 230,000- 290,000 Iowans are drinking contaminated well water.

A bill then appears before Iowa Legislature requiring “an inspection of a private well that serves a building upon the transfer of ownership of the building. The inspection shall examine the level of perfluoroalkyl and polyfluoroalkyl substances  as well as other toxins, arsenic, coliform bacteria, and perfluoroalkyl and polyfluoroalkyl substances.”

This same scenario of publicity followed by proposed legislation is playing out in almost every State.

Obviously if contaminated water is found, this will have to be included in any disclosure to potential buyers. Do you think this might cause a drop in the sale price.

Additionally, if the well-fed property is a farm with livestock, does the farmer continue to allow livestock to drink the contaminated water? Livestock deaths was what led to the Wilbur Tennant case on which the movie “ Dark Waters” was based. 

Who do we sue?

The defendants in such a case will obviously be those responsible for contaminating the water.  When the Wilbur Tennant case was brought in 1990, determining who was responsible for contaminating the water was a very involved task. Now there are publicly available databases that will make it far easier to determine who is responsible for contaminating any specific water supply.

This scenario will not be limited to property on well water and legislative activity doesn’t necessarily have to occur for property values to be impacted.

We have already seen highly publicized cases of water contamination impact property values in highly populated cities and suburbs using public water sources. When the contamination is publicized, even locally, the property values in the impacted area will be negatively impacted.

Of course, it’s not just damage to property value, when contamination is found any city, county or suburb, personal injury cases will also follow from those who contracted cancer or other illnesses because of drinking the water. Then there will be the other businesses that are impacted as well.

Does it make sense for your firm to sit on the sidelines when it is highly likely your local area will become a hot spot for these litigations? It is a certainty that your State will see a significant number of these cases, some more than others, but all States will see a significant number of cases. Shouldn’t your firm be prepared to be out front and sign these clients.

This is your chance to “get out front” attend our September 22nd-24th PFAS Summit at the Riverside Hotel in Fort Lauderdale. We will give you the knowledge as well as the tools to “be out front” in the many PFAS litigations occurring and to come. You can be the firm others ask “how did they get to be who they are” in the future.

Register and Book your room today for our September Litigation Updates event!

Book your room today: http://bookings.ihotelier.com/bookings.jsp?groupID=3956304&hotelID=15542



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