Judge Nixes Nuisance Claim In AFFF Case, But Says Trial May Proceed For Damages

Mealey's (May 10, 2023, 1:17 PM EDT) -- CHARLESTON, S.C. — A federal judge in South Carolina has dismissed a private nuisance claim against the makers of the firefighting agent aqueous film forming foam (AFFF), but said the companies are not entitled to summary judgment on claims for damages brought by a municipality in Florida, ruling that a reasonable jury could find that damages to an aquifer were due to contamination from per- and polyfluoroalkyl substances (PFAS) in the AFFF that leaked into the groundwater....