PFAS

Because Thompson Coburn’s Tort Litigation practice has extensive experience handling complex litigation matters and pattern litigation, our attorneys are frequently sought out in the most complex, national litigation. In various MDLs around the country, they have served as lead counsel, liaison counsel, trial counsel, and settlement counsel and have defended hundreds of class action cases, often obtaining dismissal or denials of certification in challenging jurisdictions. Regardless of the products involved, our experience in the defense of these claims is backed by deep understanding of the science, trends, and latest regulations in this growing area of litigation.

Specifically, our experience defending organizations in PFAS-related litigation has resulted in landmark decisions and has been on the cutting edge of developments in this space.

We broke significant ground in relation to the recent escalation in medical monitoring PFAS claims, in which plaintiffs argued that a substance  has increased the risk of future disease, necessitating medical monitoring.  When the first PFAS case seeking a medical monitoring class was brought before the New Hampshire Supreme Court, Thompson Coburn secured a victory that now serves as a favorable precedent for companies across the country. 

We’ve also been at the forefront of defending public water suppliers facing allegations of PFAS contamination and consumer class actions, while also advising companies on best practices for managing litigation and regulatory risks.

We represent leading companies across all facets of business: water companies, industrial products, and consumer products facing PFAS-related litigation.

Thompson Coburn’s Environmental Law team is well-equipped to handle complex litigation involving PFAS, specifically cases stemming from alleged air deposition and wastewater releases. Our attorneys have significant experience defending clients in high-stakes environmental litigation across multiple jurisdictions, including multi-district and class action proceedings.  

We maintain a network of technical experts and work closely with them to evaluate site-specific conditions, source attribution, and exposure pathways, enabling us to develop robust legal and scientific defenses to claims.  Our team also has a deep understanding of evolving PFAS-related tort theories, allowing us to proactively advise clients on risk mitigation strategies and litigation preparedness in this rapidly developing area.

In addition to litigation, our environmental team is highly experienced in navigating the complex web of PFAS-related regulatory requirements, particularly at the state and local levels. As regulations evolve, including those affecting wastewater treatment and discharge standards, we help clients maintain compliance and manage operational risk. Our attorneys advise on permitting, reporting, and remediation obligations arising from state requirements, particularly in jurisdictions that have adopted aggressive PFAS standards. We also assist clients across the country in responding to agency enforcement actions and citizen suits involving wastewater discharges.

Thompson Coburn also brings extensive experience advising on PFAS-related issues in the context of real estate and corporate transactions. Our attorneys routinely counsel clients on environmental due diligence, risk allocation, and liability management for properties and businesses that may be impacted by PFAS contamination. This includes advising buyers, sellers, and lenders on appropriate due diligence for PFAS issues during mergers, acquisitions, and real estate transfers. Whether guiding environmental site assessments or negotiating environmental indemnities, our team ensures clients are informed and protected throughout the transaction.

PFAS-related claims—ranging from environmental contamination and regulatory enforcement to consumer litigation—can result in significant financial exposure. When it comes to managing the risks associated with PFAS, a strategic approach to insurance coverage, indemnification, and legal defense is essential.

Not all traditional commercial general liability policies will provide coverage for PFAS claims. For companies in the sectors most impacted by PFAS claims, legal counsel is essential in evaluating whether insurance policies provide adequate protection, including historical policies that may be relevant to claims that span years or decades.

Many insurers have begun to include PFAS exclusions in general liability, environmental, and product liability policies, so businesses must carefully review policy language and consider negotiating tailored endorsements or seeking specialized environmental coverage. Our insurance attorneys are skilled in scrutinizing policy language and providing guidance on risk prevention. We help companies ensure that contracts with suppliers, manufacturers, and service providers include strong indemnity provisions that allocate PFAS-related liabilities appropriately.

A common route for potential PFAS exposure is through what people eat and drink. This includes sources such as food packaging, processing equipment, and the food products themselves, including water. In the highly regulated food and beverage industry, our team is well-positioned to help companies understand compliance with regulations related to PFAS-containing substances.

Evolving laws related to food packaging have resulted in various requirements for manufacturers, sellers, and distributors, as well as greater regulatory scrutiny.  Legal guidance is crucial for marketing and labeling practices, particularly when making claims such as “PFAS-free.”  We also can assist in identifying potential sources of PFAS in the supply chain and advise on risk management strategies including testing and monitoring of products.

• Argued a case of first impression in the New Hampshire Supreme Court, which addressed the question of whether New Hampshire would recognize a PFAS claim for medical monitoring. It was the first state supreme court case dealing with the issue on a matter involving the PFAS family of chemicals. The court reversed the order of the superior court, dismissing the $70 million case against the client and establishing the first precedent denying such claims.
• Defending a water company alleged to have PFAS in its public water supply throughout the state of Connecticut.
• Assisted a chemical manufacturing client to investigate governmental and private-party claims related to PFAS contamination at a site in upstate New York.
• Represented numerous clients in responding to requests for information from state and local agencies regarding PFAS chemicals being sent to landfills and publicly owned treatment works.
• Advised the fourth-largest sewer district in the country on PFAS issues.
• Assisted a major automobile scrap recycler and its trade association with respect to the state of Minnesota’s efforts to investigate and regulate PFAS migration through stormwater.
• Advised a client who manufactures AFFF (firefighting foam that contain PFAS) in managing its state requirements for notification and sale of AFFF.
• Advised a company to stop an acquisition of a clothing manufacturer due to potential liability related to PFAS issues. The company heeded our advice, and the manufacturer they were set to acquire was sued soon after regarding PFAS issues.