Gordon Rees Scully Mansukhani Livingston Partner Michelle Molinaro Burke and Of Counsel Lori Anne Fee successfully defended a lawsuit against a fire district that asserted novel claims of groundwater contamination following the alleged discharge of aqueous film fighting foam at a large warehouse fire. The plaintiff alleged significant damages stemming from the extensive remediation of PFAS on the property and adjacent properties following the fire.
From the outset, the GRSM team conducted a thorough analysis of the claim and promptly filed a decisive motion to dismiss, arguing that the suit was untimely under the applicable New York statute of limitations, the plaintiff failed to file the required notice of claim within the prescribed period, and the fire district was protected by governmental immunity.
The court adopted these arguments and dismissed all claims against GRSM’s client with prejudice, curtailing the client’s potential exposure and legal fees associated with protracted litigation.
This success underscores GRSM’s strength in handling complex environmental and toxic tort matters, including emerging PFAS litigation. As a national leader in the space, GRSM’s Environmental & Toxic Tort practice has a strong track record at trial, on appeal, and through efficient settlements. With experienced attorneys nationwide, the firm is equipped to manage national litigation, serve as local counsel, or act as trial counsel anywhere in the United States.