PFAS Coverage Suit Tossed in South Carolina



Friday, December 20, 2024

As reported in Law360 (subscription may apply), a federal court in South Carolina tossed BASF Corp’s suit seeking coverage for claims related to their firefighting foam. The court found that a parallel suit in New Jersey state court favors abstention. U.S. District Judge Richard Gergel dismissed the suit under the Colorado River abstention doctrine, which allows a federal court to decline jurisdiction if there is a parallel litigation in a state court.

Steve Calogero leads the team, including Eric Konecke and Anthony Sirianni Jr., that represents a prominent insurance company, which is one of more than 20 insurers named in the suit: In re: Aqueous Film-Forming Foams Products Liability Litigation.