Product Liability/Toxic Tort -- active



3M Co., et al. v. Gibson, et al.   (Georgia Supreme Court)

Seeking Georgia Supreme Court Guidance on Critical PFAS Liability Questions

On August 20, 2026, the NAM filed an amicus brief urging the Georgia Supreme Court to provide needed guidance on critical liability questions in dispute in the dozens of PFAS cases that are overwhelming the state’s trial courts. These cases involve allegations of PFAS contamination by property owners against carpet and flooring manufacturers as well as upstream chemical manufacturers who sold PFAS to the carpeting and flooring industry. The plaintiffs filed negligence and nuisance claims against both groups of defendants, arguing that they caused their alleged property damage. While the trial court allowed the plaintiffs’ claims to proceed against all defendants, the court certified its own decision for review by the appellate court, seeking guidance on whether the chemical manufacturers were too far removed from the alleged harm to be liable. Notably, there is no authoritative Georgia case law on the legal elements of duty and causation as they pertain to damage allegedly caused by PFAS. Unfortunately, the appellate court declined to hear the case, and the chemical manufacturers now seek guidance from the state’s supreme court. Our amicus brief emphasizes the need for guidance in this arena—the uncertainty created by this void in Georgia law threatens Georgia manufacturers, who must operate without clarity on the scope of their liability while conducting business in the state.


Related Documents:
NAM brief  (August 20, 2026)