ELR Citation: 56 ELR 20003
No(s). CV-25-36-BU-BMM (D. Mont. Jan 6, 2026) (Morris, J.)

A district court denied chemical companies' motion to dismiss a class action lawsuit brought against them for the alleged sale, manufacture, and distribution of protective firefighter gear containing per- and polyfluoroalkyl substances (PFAS). A city and county in Montana sued the companies under the Racketeer Influenced and Corrupt Organizations Act and 34 state laws, arguing the companies concealed the known dangers of PFAS and failed to provide adequate safety warnings to the public and class members, and seeking monetary damages to replace defective gear they purchased from the companies. The companies moved to dismiss for lack of standing, lack of personal jurisdiction, and failure to state a claim. The court found plaintiffs had standing, that the companies' contacts with Montana and the underlying controversy were sufficiently related to establish specific personal jurisdiction, and that plaintiffs plausibly alleged the companies acted together to conceal the known dangers of PFAS and that their racketeering activity proximately caused plaintiffs' injury. It denied the companies' motion to dismiss.