Latest News

State AGs oppose legal shield for Carrier Global during bankruptcy of PFAS

State AGs oppose legal shield for Carrier Global during bankruptcy of PFAS

Seven U.S. States on Monday objected against the bankruptcy plan of fire protection company Kidde-Fenwal, claiming that it improperly tries to shield its owner Carrier Global's from lawsuits relating to toxic PFAS chemical in its firefighting products.

Carrier, not bankrupt itself, is trying to use Kidde-Fenwal bankruptcy to avoid its separate responsibility for suits over the "forever chemicals", in a manner that violates the U.S. Supreme Court's precedent.

Carrier had previously agreed to pay Kidde-Fenwal $540 million and its creditors in a Chapter 11 plan to settle lawsuits brought by local governments, businesses and individuals who claimed that Kidde-Fenwal’s firefighting products contaminated soil and drinking water with PFAS around airports and military base bases throughout the U.S.

According to two objections from the Democratic Attorneys General of New York and California, Connecticut, Delaware Maine, Vermont, Connecticut, Delaware and the District of Columbia, this deal cannot be used as a way to prevent states from suing Carrier directly for the alleged PFAS pollution.

The plaintiffs cited a Supreme Court decision last year in the bankruptcy case of Purdue Pharma that severely curtailed a court's power to dismiss legal claims against entities who have not declared bankruptcy.

Carrier didn't immediately respond to an inquiry for comment.

Kidde-Fenwal declared bankruptcy in May 2023 after being named a defendant in over 4,400 PFAS suits over its chemical firefighting products. The first to file for bankruptcy as a result PFAS litigation was Kidde-Fenwal. However, experts believe that other companies may follow.

Per- and polyfluoroalkyl chemicals, or PFAS for short, are a grouping of approximately 15,000 chemicals that have been used in hundreds consumer and commercial products, including firefighting sprays, nonstick pans and clothing, and cosmetics.

Kidde-Fenwal’s bankruptcy plan doesn’t explicitly include the "non-debtor release" type of clause that was ruled unconstitutional by the Supreme Court in 2017. It characterizes PFAS liability instead as "estate claims," a type legal claim that Kidde-Fenwal may bring against its parent and that only Kidde-Fenwal bankruptcy estate is allowed to settle or litigate.

The states argued Kidde-Fenwal’s plan uses "word games" in order to "obscure reality" about the settlement. This will prevent creditors from suing Carrier for PFAS contamination.

The state said that Carrier is "vastly liable" for contamination which poses significant and persistent health risks to humans and the environment.

New York, as an example, stated that Kidde-Fenwal chemicals contaminated soil and drinking water in approximately 35 places. According to the objection, the state has spent over $100 million on remediating the contamination. The ongoing costs are more than $3,000,000 per year.

Carrier is a company that sells heating, cooling and refrigeration services. It has a $64.8 billion market capitalization.

Kidde-Fenwal plans to divide Carrier's $540-million contribution, as well as future insurance recoveries, and other assets among PFAS creditor groups. Kidde-Fenwal proposes a bankruptcy plan that would give states 30% of settlement funds, local providers 30% and individuals with injury claims 22%. Smaller amounts would be reserved for firefighter's training, airports, businesses and landfills.

Kidde-Fenwal intends to begin soliciting creditor votes for its Chapter 11 plan in June. Kidde-Fenwal sold its assets earlier to the private equity firm Pacific Avenue Capital Partners.

In the U.S., water providers have reached settlements with large companies in their PFAS litigation. These include a $10.3-billion settlement with 3M, and a $1.1-9 billion settlement with DuPont Chemours Corteva.

Kidde-Fenwal Inc., U.S. Bankruptcy Court District of Delaware No. 23-10638. 23-10638.

Brian Glueckstein of Sullivan & Cromwell and Justin DeCamp from Sullivan & Cromwell are representing Kidde-Fenwal.

David Molton, Brown Rudnick

Click here to read more

Carrier reaches $730 mln settlement over fire protection unit PFAS claims

Kidde-Fenwal, a fire protection company, files for bankruptcy citing PFAS suits

Are you the next defendant in the growing litigation over "forever chemicals"?

EPA will roll back 'forever chemicals' rule and extend timelines. (Reporting from Dietrich Knauth, New York).

(source: Reuters)