On August 22, 2025, the South Carolina District Court, which is overseeing the nationwide PFAS (per- and polyfluoroalkyl substances) / AFFF (Aqueous Film-Forming Foam) litigation, issued Case Management Order No. 36 (“CMO 36”), further reinforcing the critical importance of timely filing. This order addresses efforts by some plaintiffs to avoid federal jurisdiction by omitting references to AFFF exposure. The Court made clear that such “artful pleading” will not be permitted and reaffirmed that PFAS exposure claims are central to the MDL. Importantly, the Court urged all related PFAS cases, including those involving firefighting foam, contaminated water, and firefighter turnout gear, to be centralized in the MDL for consistent handling.

As with the previous Case Management Order No. 35, the Court continues to emphasize the importance of acting before the September 5, 2025 “Filing Facilitation Window” deadline. Plaintiffs who file PFAS-related claims before this date may use a streamlined short-form complaint, avoid early discovery demands, and be temporarily shielded from motions to dismiss. This makes the filing process faster, less costly, and less procedurally burdensome – critical advantages for those exposed to PFAS through AFFF or related products.

After September 5, 2025, PFAS plaintiffs will face heightened requirements. The message from the Court is clear: PFAS claims must be filed promptly, completely, and in compliance with the MDL process. Now is the time to act.

If you believe you or a loved one have been affected by PFAS exposure, contact Lieberman, Blecher & Sinkevich, P.C. today to discuss your claims and to start the process before the September 5, 2025 deadline closes.