discoverboom

Insurance disputes are becoming a major issue in the ongoing AFFF multidistrict litigation (MDL). A recent decision in South Carolina highlighted this struggle, with corporate defendants like BASF fighting their insurers over who should pay for legal defense and settlements. The judge dismissed one case involving BASF and sent another back to New York for further action.

A former U.S. Navy service member from Boerne, Texas, has filed a lawsuit in the AFFF multidistrict litigation (MDL), seeking damages for health issues linked to firefighting foam exposure. The lawsuit names multiple manufacturers, including 3M, Chemours, and DuPont, alleging that their PFAS-containing AFFF products caused the plaintiff’s thyroid cancer and other severe health problems.

The plaintiff claims repeated exposure to the foam during their Navy career led to harmful effects due to PFAS’s bioaccumulative and cancer-causing properties. This case adds to the growing legal pressure on AFFF manufacturers to address the health risks of their products.

A new case management order has been issued to organize witness depositions for the upcoming Tier Two Personal Injury Bellwether Trials. The key issue is that not all potential witnesses were deposed during the earlier fact discovery phase, meaning their testimony has not yet been collected.

According to the order, if either party adds a new witness to their trial list who wasn’t previously deposed, the other party has the right to request a deposition of that witness. This request must be made within 14 days of receiving the updated witness list.