Split Panel Says Maryland, South Carolina AFFF Cases Belong In Federal Court

Mealey's ( March 12, 2025, 2:46 PM EDT) -- RICHMOND, Va. — A split panel of the Fourth Circuit U.S. Court of Appeals has ruled that two lower courts wrongly remanded separate lawsuits related to injuries from exposure to the firefighting agent aqueous film forming foam (AFFF), which contains the active ingredient per- and polyfluoroalkyl substances (PFAS), because defendant 3M Co. established that federal removal was warranted in light of the fact that the product’s design was dictated by specifications provided by the U.S. government....