Number
231006
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
Substitute resolution relating to a class action settlement with the 3M Company (“3M”) and E.I. DuPont de Nemours and Company, DuPont de Nemours, Inc., The Chemours Company, The Chemours Company FC, LLC, and Corteva, Inc. (collectively, “DuPont”), respectively, relating to per- and polyfluoralkyl substances (“PFAS”) contamination of public water systems.
Analysis
This resolution authorizes the City to remain in a class action settlement in MDL no. 2:18-mn-2873, and directs appropriate City officials to submit claims relating to class action settlements with 3M and DuPont relating to aqueous film-forming foams products liability in public water systems.
Body
Whereas, All public water systems in the United States that draw or otherwise collect from any water source subject to certain monitoring systems, which were tested or otherwise analyzed on or before June 30, 2023, and found to contain PFAS at any level are eligible to participate in multi-district litigation against certain manufacturers that are alleged to have contributed PFAS to water sources; and
Whereas, Milwaukee Water Works has been identified as a potential settlement class member according to the parties’ records in the matter identified as In Re: Aqueous Film-Forming Foams Product Liability Litigation, MDL No. 2:18-mn-02873 in the United States District Court for the District of South Carolina Charleston Division; and
Whereas, Class representatives are public water systems that have filed actions against settling defendants and other defendants, which actions are currently pending in multi-district litigation; and
Whereas, The Court has preliminarily approved a settlement agreement; and
Whereas, If the settlement is approved by the Court and becomes final, all pending litigation will be dismissed with prejudice to the extent it contains released claims; now, therefore, be it
Resolved,...
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