CHICAGO (Legal Newsline) - A class action defendant accused of having chemicals known as PFAS in its products is pointing to a recent ruling that tossed claims that would have been asserted on behalf of everyone in Ohio.
The Children's Place, a manufacturer of school uniforms, on Dec. 22 asked a Chicago federal judge to toss the class action brought by lawyers at Aylstock, Witkin, Kreis & Overholtz and Bradley/Grombacher.
At issue are PFAS, a group of chemicals found in firefighting foam and consumer products and have made their way into the bloodstreams of virtually every American.
Lawsuits blame the chemicals for a variety of health problems, some of which were linked by a health study that was part of a settlement with DuPont. But others say the science on how PFAS affect the human body is incomplete.
Lawyers have jumped on the chance to sue dozens of companies, with some scoring contingency-fee contracts with government officials and others pursuing consumer protection claims.
TCP's motion to dismiss the first amended complaint notes a recent ruling from the U.S. Court of Appeals for the Sixth Circuit, which struck down a case that sought compensation for everyone in Ohio without being able to prove which individuals were exposed to which PFAS chemicals from which company.
"Seldom is so ambitious a case filed on so slight a basis," Judge Raymond Kethledge wrote.
TCP says the Sixth Circuit ruling pertains to the case against it, in which "Plaintiffs attempt to scapegoat Defendant, all while knowing that PFAS are everywhere."
TCP also says allegations in the complaint its nearly 1,400 products do not categorically contain PFAS and that no regulating body required TCP to disclose the presence of PFAS in any of its products.
TCP has taken an aggressive approach to defending itself, even asking Chicago federal judge Matthew Kennelly to punish plaintiff lawyers for ignoring the results of chemical testing when they filed suit.
Kennelly did not agree, denying that motion for sanctions in November.