On August 15, 2025, the Court overseeing the nationwide PFAS (per- and polyfluoroalkyl substances) / AFFF (Aqueous Film-Forming Foam) litigation issued Case Management Order No. 35 (“CMO 35”), a major development that directly affects individuals who have not yet filed a claim. This new order created a “Filing Facilitation Window” that gives plaintiffs until September 5, 2025, to file their case using a streamlined short-form complaint. Filing within this window is strongly encouraged by the Court and allows for faster entry into the MDL process.

Filing before the deadline comes with clear advantages. Plaintiffs may bundle complaints, use a simplified complaint format, and avoid certain complex procedural steps. Most importantly, those who file within the window are temporarily shielded from dismissal motions and additional discovery burdens, making the process less risky and more efficient.

However, if a case is filed after September 5, it faces stricter requirements. Plaintiffs will need to submit full sets of medical records within 90 days and expert disclosures within 120 days, on top of the usual documentation. This can significantly increase the cost and time needed to support a case.

If you believe you or a loved one has been affected by PFAS exposure, now is the time to act. Contact Lieberman, Blecher & Sinkevich, P.C. today to discuss your claims and to start the process before the deadline closes.