Ohio PFAS Rehearing Sought Lest Opinion’s ‘Errors Multiply’

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Attorneys are challenging a federal court’s ruling that found a firefighter failed to adequately trace the PFAS in his blood directly to the companies alleged to be responsible and failed to prove the chemicals made him sick.

A three-judge panel at the US Court of Appeals for the Sixth Circuit vacated a class certification on Nov. 27 and sent the case back to a Southern District of Ohio judge with instructions to dismiss the case.

But the opinion disregarded critically important information and required such direct traceability that, if it stands without an en banc review, its “errors are likely …

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