AFFF MDL Court Denies U.S. Motion to Dismiss Claims Without Prejudice, Orders Site-Specific Discovery

CHARLESTON, S.C. –– The federal court overseeing the multidistrict litigation docket for aqueous film-forming foams litigation has denied the United States’ motion to dismiss claims asserted against it, concluding that it could not “resolve the Government’s jurisdictional arguments without site-specific records and briefing.”

In a Feb. 27 order, the U.S. District Court for the District of South Carolina denied the United States’ motion to dismiss without prejudice and ordered the parties to conduct further site-specific discovery.

Specifically, the court asked the parties to undertake jurisdictional discovery at the remaining sites and complete this discovery within 90 days; asked the government …