State of Wisconsin v. 3M Company

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: AQUEOUS FILM-FORMING FOAMS

PRODUCTS LIABILITY LITIGATION MDL No. 2873

TRANSFER ORDER

Before the Panel:* We are presented with motions in three actions. First, defendant 3M Company moves under 28 U.S.C. § 1407(c) to transfer the Fleming action listed on Schedule A to the District of South Carolina for inclusion in MDL No. 2873. No party responded to this motion. Second, plaintiffs and defendant Kester, LLC, each move under Panel Rule 7.1 to vacate our order that conditionally transferred the McKinnon action listed on Schedule A to MDL No. 2873. Finally, plaintiff State of Wisconsin likewise moves under Panel Rule 7.1 to vacate our order that conditionally transferred the State of Wisconsin action listed on Schedule A to MDL No. 2873. Defendants 3M Company and Tyco Fire Products LP oppose the motions to vacate in both McKinnon and State of Wisconsin, while defendant Chemguard, Inc., opposes the motion in State of Wisconsin. The motion to transfer Fleming to the MDL is easily resolved. Fleming involves a putative class of Alabama residents who use water provided by the City of Guin Water…