6th Cir. Vacates Certification of Ohio Class in “Forever Chemical” Action

CINCINNATI — The 6th Circuit U.S. Court of Appeals has vacated a lower court’s order certifying a class of Ohio residents who allege injuries caused by various companies’ PFAS-containing products, ruling that the lead plaintiff lacks standing because his allegations are conclusory.

In a Nov. 27 opinion, the appellate court found the plaintiff, a former firefighter, did not allege which companies manufactured the five “forever chemicals” that wound up in his bloodstream, nor did he allege any plausible pathway by which they could have delivered any of the five PFAS.

Kevin Hardwick served as a firefighter for over 40 years, …