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Is Your Firm Ignoring the Obvious in AFFF and PFAS Litigation?

  • Author:John Ray
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Is Your Firm Ignoring the Obvious in AFFF and PFAS Litigation?

Non-Transient Non-Community Water System (NTNCWS) and Transient Non-Community Water System (TNCWS) are the lowest hanging fruit for potential AFFF and General PFAS litigation clients and have thus far been largely ignored by Plaintiff firms.

No matter where you are in the country, these cases are waiting to be signed and there is no reason your firm should not be the one to sign these high value cases.

In PFAS Summit 5, we will give you the information and tools needed to sign these cases as well as what to do with them once you have them.


You do not want to miss PFAS SUMMIT V, so register and book your hotel room today!

Where: The Riverside Hotel in Fort Lauderdale
When: Friday March 21st – Sunday March 23rd 

Register and get your room today while there is still time:

Register: Ray Group - Mass Tort Success

Book your room: Riverside Hotel - Fort Lauderdale (travelclick.com) 


Many of these clients will have viable claims in the AFFF litigation and many will also have claims against well heeled defendants outside of the AFFF litigation.

There are approximately 156,000 public water systems in the United States. The current AFFF settlement only covers a small fraction of these PWS however, this does not mean that these same defendants will not settle with smaller PWS if the cases are filed. It is likely that these defendants will settle other PWS cases as well. There was simply a business and litigation strategy logic in play for the settling defendants to address larger PWS that tested positive for PFAS contamination in UCMR 5 first. 

Additionally, AFFF is just a drop in a very large bucket in the larger scope of PFAS litigation. Now that PFAS is a CERCLA designated substance, claims against facilities that discharged PFAS (non-AFFF) into the source waters of PWS will be far less difficult to litigate. 

Community Water System (CWS): A public water system that supplies water to the same population year-round.

This category presents more challenges to sign. You will often need to get a mayor, city council or other politician on board. In some cases a State Attorney General may have to approve your firm representing the local PWS (government).

These are also several individual cases that many other firms are competing to sign. Your firm can do very well in AFFF and PFAS litigation in general without signing a single “municipality” case. 

The other two types of PWS are far easier to sign, most have valuable claims and very few firms have even begun to market to these groups, which make up the majority of PWS. 

With the two groups (below), the decision to hire an attorney will often be made by a single person with no need to seek approval from anyone else. Additionally, in many cases your firm will have the opportunity to be the first and hopefully last firm these potential clients will consider. 

Non-Transient Non-Community Water System (NTNCWS): A public water system that regularly supplies water to at least 25 of the same people at least six months per year. Some examples are schools, factories, office buildings, and hospitals which have their own water systems.

Examples would include Trailer Parks and Small Sub-Divisions and Office Parks  with a common well.

Transient Non-Community Water System (TNCWS): A public water system that provides water in a place such as a gas station or campground where people do not remain for long periods of time.

Examples would include retail stores, hotels, gas stations etc. that source water for their bathrooms and other water needs from a well. 


You do not want to miss PFAS SUMMIT V, so register and book your hotel room today!

Where: The Riverside Hotel in Fort Lauderdale
When: Friday March 21st – Sunday March 23rd 

Register and get your room today while there is still time:

Register: Ray Group - Mass Tort Success

Book your room: Riverside Hotel - Fort Lauderdale (travelclick.com) 

 



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