Companies Push to Move Case to Federal Court
Tyco argued in its removal notice that the case belongs in federal jurisdiction, asserting that some of the PFAS-based products were manufactured under U.S. military specifications — qualifying for federal officer removal. The company also plans to seek transfer to South Carolina’s PFAS multidistrict litigation (MDL), where hundreds of similar AFFF-related lawsuits are consolidated.
The lawsuit includes counts of public nuisance, negligence, product liability, and unjust enrichment, as well as fraudulent transfer claims against E.I. du Pont de Nemours and Co. over its spinoff from Chemours. Additionally, the tribe seeks cost recovery under the Minnesota Environmental Response and Liability Act against 3M.
Legal Teams Prepare for a Battle Over Accountability
The Leech Lake Band of Ojibwe is represented by Lieff Cabraser Heimann & Bernstein LLP, alongside attorneys from Sonosky Chambers Sachse Endreson & Perry LLP and the tribe’s own counsel. Tyco is represented by John D. Sear of Nelson Mullins Riley & Scarborough LLP.
Attorneys for 3M, BASF, Chemours, and Corteva have not yet commented on the case.
