United States Backs Motion to Dismiss in AFFF MDL Docket, Says Plaintiffs Failed to Address Jurisdictional Facts

CHARLESTON, S.C. –– The United States has filed a reply brief in the Aqueous Film-Forming Foams multidistrict litigation docket, maintaining that the claims should be dismissed for lack of jurisdiction.

In an Aug. 16 reply brief filed in the U.S. District Court for the District of South Carolina, the United States support its motion to dismiss, saying that the plaintiffs’ opposition “does not contest any of the jurisdictional facts in the United States’ motion.”

“Instead of engaging with the facts and the law,” the reply brief said, “Plaintiffs do everything they can to avoid reaching the Discretionary Function Exception …