Attorneys representing municipalities and departments against 3M or DuPont/Chemours and others see major case victory

A Montana federal judge today denied motions to dismiss a class-action lawsuit brought by attorneys at law firms Hagens Berman, Heenan & Cook and Bliven Law Firm to combat toxic “forever chemicals” in firefighter turnout gear sold by DuPont/Chemours, 3M and other major corporations. The firms represent the city and county of Butte-Silver Bow, Montana, to assist them and other municipalities in abating the costly premature gear replacements faced due to the rampant health risks of perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Chief District Court Judge Brian Morris for the U.S District Court in Montana issued the 50-page order denying all motions to dismiss brought by several defendants. In part, the court declined to apply the indirect purchaser rule to dismiss a claim under the Racketeer Influenced Corrupt Organizations (RICO) Act until the Ninth Circuit rules in a pending case on whether that rule applies to RICO claims.

“We are well aware of the hurdles we face in this lawsuit and are pleased to begin our fight with this massive victory for firefighters and their districts saddled with high costs of replacement gear to keep them safe,” said Steve Berman, managing partner at Hagens Berman. “Municipalities like the city and county of Butte-Silver Bow have shouldered this burden unfairly, and we are ready to see this case through to a just result.”

Affected turnout gear is allegedly manufactured and sold by 3M and DuPont/Chemours, Corteva, Globe Manufacturing Company, W.L. Gore & Associates Inc. and Lion Group, the nation’s leading suppliers of fire-resistant gear.

If you are a leader at the level of state, county, city or fire department, find out how you can get involved for the firefighters affected in your area and across the country.

“…a Continuing Effort of Concealment by Defendants.”

Defendants sought to dismiss claims on various grounds including traceability of the harms to defendants and standing under non-Montana state laws.

“Plaintiff further connects the plausible links in the chain of traceability for all Defendants by alleging the collective enterprise of Defendants in concealing the known dangers of PFAS in the turnout gear,” the order states. The court denied defendants’ motion to dismiss non-Montana state law claims based on a lack of Article III standing.

In addressing plaintiffs’ RICO claims, the court stated, “Plaintiff sufficiently have alleged that an enterprise existed,” adding that the court “denies Defendants’ motion to dismiss Plaintiff’s RICO claim without prejudice pending the Ninth Circuit’s decision in Biederman” regarding the application of the indirect-purchaser rule to RICO claims.

The court rejected the defendants’ argument that they were engaging in ordinary commercial activities, explaining that “Defendants could not have achieved their goals of selling PFAS and turnout gear containing PFAS if Defendants’ knowledge of the harms of PFAS had been exposed. These actions by Defendants, allegedly acting together to conceal the known dangers of PFAS, do not constitute merely normal or ordinary commercial relationships.”

“These allegations indicate a continuing effort of concealment by Defendants. Plaintiff alleges that Defendants have continued to conceal the dangers of PFAS to plausibly show ‘that persons associated with the enterprise engaged in a pattern of racketeering activity.”

In denying defendants’ request to apply first-to-file rule, the court highlighted the complaint’s novel claims vis-à-vis other complaints concerning firefighter turnout gear, and its attempt to obtain efforts reimbursement for damages incurred by replacing affected turnout gear. The court previously allowed claims to continue in their current jurisdiction, deeming transfer improper and a stay inappropriate.

The Case for Firefighters’ Safety

The lawsuit was filed April 3, 2025, in the U.S. District Court for the District of Montana and alleges that more than one million firefighters face heightened risks due to contact with PFAS in the line of duty: up to 70 percent of firefighters are predicted to die eventually from cancer, significantly higher than the general population, according to the lawsuit.

According to the class action, the manufacturers of firefighter turnout gear colluded in attempting to conceal the risks of PFAS in turnout gear, all the while failing to provide PFAS-free options, despite at all relevant times being technologically and economically feasible.

To avoid PFAS exposure, fire departments, volunteer organizations and other firefighter response teams are faced with significant costs of premature replacement of affected turnout gear for their crews at the cost of at least $3,000 per firefighter, with many departments providing two suits for each firefighter, which consists of helmet, hood, jacket, pants, suspenders, boots, gloves and when needed, respirators. Attorneys estimate that with approximately 1,042,000 U.S. firefighters, replacement costs run into the billions.

Find out more about the investigation supporting firefighters against the costs of PFAS in turnout gear and learn about how you can help.

About Hagens Berman

Hagens Berman is a global plaintiffs’ rights complex litigation law firm with a tenacious drive for achieving real results for those harmed by corporate negligence and fraud. Since its founding in 1993, the firm’s determination has earned it numerous national accolades, awards and titles of “Most Feared Plaintiff’s Firm,” MVPs and Trailblazers of class-action law. More about the law firm and its successes can be found at hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

About Heenan & Cook

Heenan & Cook, PLLC, is a long-standing Billings-area law firm with attorneys who have handled complex personal injury and general litigation matters for decades. In that time, our attorneys and staff have developed a reputation for excellence in both settlement negotiations and in litigation — both of which demand an acute understanding of our clients and their personal experiences. Fine more about the firm at lawmontana.com.

About Bliven Law Firm

Bliven Law Firm, P.C. is a long standing Kalispell-area law firm, handling class actions, complex personal injury and mass tort cases. From the start, Michael and his team will work with class representatives, and injured clients to help them obtain the maximum compensation for their losses or injuries. To date, the firm has recovered millions in settlements, awards, and judgments for injured accident victims and is currently pursuing two class actions with Hagens Berman and Heenan & Cook. Visit the Bliven Law Firm, P.C. website to learn more about Michael A. Bliven and his team of outstanding personal injury, mass tort and class action attorneys at blivenlawfirm.com.

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“These allegations indicate a continuing effort of concealment by Defendants. Plaintiff alleges that Defendants have continued to conceal the dangers of PFAS..." Chief District Court Judge Brian Morris for the U.S District Court in Montana