Mhc Acquisition Fund Iv Llc., D/B/A MOUNTAIN VIEW v. Agc Chemicals Americas Inc., Amerex Corporation, Arkema Inc., Archroma U.S. Inc., Basf Corporation, individually and as successor in interest to Ciba Inc., Buckeye Fire Equipment Company, Chemdesi…

This action arises from the foreseeable contamination of groundwater by the use of

aqueous film-forming foam (“AFFF”) products that contained per- and poly-fluoroalkyl

substances (“PFAS”), including perfluorooctanoic acid (“PFOA”).

PFOA is a fluorosurfactant that repels oil, grease, and water. PFOA, and/or its

chemical precursors, are or were components of AFFF products, which are firefighting suppressant

agents used in training and firefighting activities for fighting Class B fires. Class B fires include

fires involving hydrocarbon fuels such as petroleum or other flammable liquids.

PFOA is mobile, persists indefinitely in the environment, bioaccumulates in

individual organisms and humans, and biomagnifies up the food chain. PFOA is also associated

with multiple and significant adverse health effects in humans, including but not limited to kidney

cancer, testicular cancer, high cholesterol, thyroid disease, ulcerative colitis, and pregnancy-

induced hypertension.

At various times from the 1970s through today, Defendants designed,

manufactured, marketed, distributed, and/or sold AFFF products containing PFOA, and/or its

chemical precursors, and/or designed, manufactured, marketed, distributed, and/or sold the

fluorosurfactants and/or perfluorinated chemicals (“PFCs”) contained in AFFF (collectively,

“AFFF/Component Products”).

Defendants designed, manufactured, marketed, distributed, and/or sold

AFFF/Component Products despite knowing that PFAS are toxic, persist indefinitely, and would

be routinely released into the environment during fire protection, training, and response activities,

even when used as directed and intended by Defendants.

Causes of Action

FACTUAL ALLEGATIONS RELEVANT TO ALL CAUSES OF ACTION

CAUSES OF ACTION

COUNT I: DEFECTIVE DESIGN

COUNT II: FAILURE TO WARN

COUNT III: NEGLIGENCE

COUNT IV: PUBLIC NUISANCE

COUNT V: PRIVATE NUISANCE

COUNT VI: TRESPASS

COUNT VIII: PUNITIVE DAMAGES