Partner Brian Troyer and Associate Andrew Thompson authored an article for the Washington Legal Foundation titled, “Appeals Court Rejects PFAS-Related Class Action Without Addressing Unsettled Rule 23 Issues,” published Feb. 24, 2024.
The article discusses the complex class certification issues in the case of Hardwick v. 3M Co., which involved the health effects of per- and polyfluoroalkyl substances (PFAS), man-made chemical compounds. Despite the case’s ambitious scope, the Sixth Circuit narrowly ruled on the issue of standing, particularly traceability, leading to the vacating of the class certification order.