Decision To Include Insurance Case In Firefighting Foam MDL Belongs With JPMDL

(October 19, 2023, 11:31 AM EDT) -- CHARLESTON, S.C. — A federal judge in South Carolina has denied motions to dismiss the insurance coverage dispute brought by defendant Tyco Fire Products LP related to injuries from the firefighting substance aqueous film forming foam (AFFF) in the multidistrict litigation for AFFF, citing the doctrine of forum non conveniens and South Carolina’s door closing statute. However, the judge also said that although Tyco had directly filed the coverage lawsuit in the MDL, the decision to include it as part of the MDL should be made by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) and not the transferee court....