BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Personal Injury and Med Mal
  • schedule 90 minutes

Defending PFAS Liability Cases: Strategies for Challenging Causation and Standing in Multi-Defendant Cases

$197.00

This course is $0 with these passes:

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Description

All businesses in the chain of commerce now face exposure to PFAS litigation and insurance coverage is uncertain. Well beyond environmental claims, PFAS liability is alleged for personal injury, mass torts, consumer fraud, nuisance, false labeling, and more. Products that have been targeted include food-contact materials, food, textiles, and cosmetics. New duties of inquiry and response are constantly being promoted. The risks cannot be ignored.

Managing this risk requires monitoring litigation and regulatory developments at the state and federal levels to know what issues have been litigated, what claims and defenses are succeeding or failing, and what experts and testing are being offered, accepted, or rejected.

Plaintiffs' most daunting tasks include proving that a specific defendant's conduct caused the alleged injuries and jurisdiction over the named defendants. In some cases defendants have asserted novel defenses, such as the primary purpose doctrine and the government contractor defense.

Listen as this expert panel of PFAS litigators analyzes the notable litigation--decided and ongoing--about PFAS liability from the defense perspective.

Presented By

Emily M. Lamond
Member
Cole Schotz P.C.

Ms. Lamond is a member in the firm’s Environmental Department. She counsels on the practical implications of environmental liability risks in business transactions, hazardous site remediation projects, manufacturing, energy and other industrial operations, enforcement defense, environmental litigation and cost recovery actions. Ms. Lamond specializes in developing and implementing environmental risk mitigation and management strategies that enable her clients to achieve their business objectives.

Alexander E. Potente
Partner
Clyde & Co LLP

Potente is an experienced trial lawyer who represents insurers in complex commercial and insurance litigation matters, including coverage disputes pertaining to general liability and professional liability policies, the defense of consumer class actions against insurers, and bad faith coverage litigation. He handles complex coverage issues arising from mass-tort sexual and elder abuse, pollution (pollution liability and long-tail CGL/excess), product defects, public sector liability, business interruption, medical devices, and employment claims. Mr. Potente also represents insurance brokers in defense of professional negligence claims.

Natalie E. Rainer
Partner
K&L Gates, LLP

Ms. Rainer is a partner in the firm’s San Francisco office and a member of the Health Care and FDA practice. She focuses her practice primarily in the food and beverage industry. Ms. Rainer practices food and drug law, advising clients on regulatory requirements for foods, dietary supplements, cosmetics, and food and drug packaging in jurisdictions around the world, including North America, Latin America, Europe, Asia, and the Middle East. She has in-depth experience in evaluating the regulatory status of food additives, color additives, and food-contact materials. Ms. Rainer counsels companies on advertising and labeling requirements, including claim substantiation, nutrition labeling, menu labeling, and environmental claims. She also provides guidance regarding compliance with U.S. Department of Agriculture regulations, including the Bioengineered Labeling rules, organic rules, and regulations related to additives in meat and poultry products. Ms. Rainer enjoys public speaking and also provides clients with customized training on labeling, claims, and regulatory frameworks for foods and other FDA-regulated products.  

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, March 20, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Introduction to PFAS
  2. Standing and causation: Hardwick v. 3M
  3. Consumer products litigation and state law
  4. Insurance issues

The panel will review these and other key issues:

  • What kind of testing are plaintiffs relying on?
  • What is the impact of In Re: E.I. Du Pont de Nemours and Co. C-8 Pers. Inj. Litig., (Hardwick v. 3M Co.), 87 F.4th 315 (6th Cir. 2023)?
  • What are the issues related to insurance coverage?