STORY FROM: Benzene & Emerging Toxic Torts Litigation

PFOA/PFOS MDL Court Denies New York’s Efforts to Remand Water Contamination Claims

CHARLESTON, S.C. –– The federal court overseeing the Aqueous Film-Forming Foams Products Liability Litigation multidistrict docket has denied efforts by the state of New York to remand its PFOA/PFOS claims, concluding that the complaint was properly removed under both the federal officer removal statute and federal enclave jurisdiction.

In a memorandum filed April 26, the state of New York requested remand of its suit, saying that its claims did not occur under the purview of federal enclave.

The underlying complaint was filed by the state of New York in June 2018 against six manufacturers. In the lawsuit, New York ...

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