On Wednesday, March 29, 2023, Chief U.S. District Judge Hala Y. Jarbou of the Western District of Michigan granted final approval to a $54 million settlement of a class action brought on behalf of a class of Michigan residents against the 3M Co. (“3M”) and shoe manufacturer Wolverine Worldwide Inc. (“Wolverine”). Generally, the lawsuit alleged that the manner in which Wolverine utilized a product manufactured by 3M contaminated the water beneath class members’ properties, damaging the value of such properties. The suit alleged that both 3M and Wolverine understood the risks of contamination long before taking any actions to mitigate them.
Originally filed in 2017, the class action suit alleged 3M and Wolverine of environmental contamination after testing revealed elevated levels of PFAS around Wolverine’s tannery and dump sites. The Michigan agency charged with environmental issues examined the contamination in a geographical area, referred to as the North Kent Study Area. The state agency’s study uncovered that numerous properties were plagued by elevated levels of “forever chemicals,” known as PFAS, in the groundwater. In the class action, Plaintiffs alleged that their property values were significantly diminished as a result of the contamination because of the potential human health hazards associated with exposure to PFAS. Plaintiffs also alleged that 3M was aware of those hazards as early as the 1950s and that Wolverine knew about them by at least 1998, yet neither took steps to disclose the risks to residents.
The $54 million settlement, which was described by Judge Jarbou as “a reasonable and fair resolution,” was agreed to by the parties in September, 2022, and will provide monetary relief to more than 700 claimants affected by contamination of PFAS, which the product 3M sold and Wolverine used contained.
Under the terms of the settlement, claimants will receive compensation based on several determining factors. These factors include the severity of the contamination on a particular property, the number of residents residing on the property, and the length of and inconvenience caused by the contamination. Residents of the North Kent Study Area whose wells tested above the state’s maximum PFAS contaminant levels are expected to receive the highest awards, depending on their subclass and allocation factors.
The case, Cooper et al v. The 3M Company et al, case number 1:17-cv-01062, was filed by WBE and co-counsel in the Western District of Michigan. To read Judge Jarbou’s order in full, click here.