Firefighter Seeks Full 6th Cir. Review of Ohio Class Vacatur in PFAS Action
December 13, 2023
CINCINNATI — A former firefighter has asked the full 6th Circuit U.S. Court of Appeals to review a panel’s vacatur of an order certifying a class of Ohio residents who allege injuries caused by various companies’ PFAS-containing products.
In a Dec. 11 brief, Kevin Hardwick argues that the appellate panel contradicted “well-established precedent that initial pleadings need not identify every defendant with certainty to establish traceability, and may treat them as a collective under Article III.”
Hardwick adds that, at minimum, the appellate court should allow the trial court to consider whether he may amend his complaint to cure the …