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ARTICLE · 29 SEPTEMBER 2025

Unmasking PFAS

Wilson Elser Moskowitz Edelman & Dicker LLP
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The product identification process presently under way in the Aqueous Film-Forming Foam (AFFF) multidistrict litigation (MDL) offers an innovative application of discovery practices...

United StatesConsumer Protection
Alexa Cerniglia
Alexa Cerniglia
Justin Shireman
Justin Shireman
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The product identification process presently under way in the Aqueous Film-Forming Foam (AFFF) multidistrict litigation (MDL) offers an innovative application of discovery practices used in other complex litigation and toxic tort actions in assessing manufacturer defendants' potential liability in the MDL.

In deviating from pure market-share liability principles while applying product identification discovery practices used in national tobacco and toxic tort litigation, the AFFF MDL product identification discovery plan aims to collect extensive data from a representative pool of "sites" concerning the presence (or absence) of particular chemical products at these "representative sites."

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