Judges to Weigh Firefighter Gear Lawsuit Consolidation This Month

Two requests for firefighter gear lawsuit consolidation have been made, one from the City of Rochester and the other from a federal judge who is overseeing all AFFF litigation.

A panel of federal judges has agreed to hear oral arguments over whether a new multidistrict litigation (MDL) should be created to address several firefighter gear lawsuits alleging that first responders were exposed to toxic and cancer-causing chemicals used in the creation of their protective gear.

The litigation began after the International Association of Fire Fighters (IAFF) and the Metropolitan Fire Chiefs Association issued a warning in 2022 to all firefighters, calling for them to limit their use of turnout gear as much as possible due to the presence of per- and polyfluoroalkyl substances (PFAS).

PFAS, commonly referred to as “forever chemicals” have been widely used for decades in firefighting safety equipment, or turnout gear, because of their resistance to heat, water and oil.  However, the synthetic chemicals do not naturally break down and can accumulate in the environment and human body over time, raising concerns about long-term exposure among firefighters who wear the gear during training, emergency responses and other routine job duties.

Following the warnings, firefighter gear lawsuits have been filed by individuals and municipalities nationwide throughout the federal court system, alleging that chemical and safety equipment manufacturers knew, or should have known, that PFAS exposure in turnout gear was contributing to significantly high rates of cancer among firefighters.

Firefighter Gear Lawsuits

In May, the City of Rochester filed a motion with the U.S. Judicial Panel on Multidistrict Litigation (JPML), calling for all firefighter turnout gear lawsuits filed in federal courts to be consolidated in the District of Minnesota for coordinated discovery and pretrial proceedings.

Such centralization is common for complex litigation involving a large number of plaintiffs claiming similar injuries from similarly designed products. The city argues that consolidation would serve the convenience of the parties, witnesses and court, and would prevent duplicative discovery and conflicting rulings by different judges.

In addition, U.S. District Judge Richard M. Gergel, who is overseeing more than 15,000 PFAS injury lawsuits already consolidated in the District of South Carolina, asked the JPML to fold the firefighter turnout gear claims into his multidistrict litigation in August 2025. Judge Gergel’s MDL includes lawsuits by firefighters, individuals and water systems exposed to PFAS chemicals through the widespread use of aqueous film-forming foam (AFFF), which is used to fight petroleum fires and linked to heavy water contamination near airports and military bases nationwide.

Firefighter Turnout Gear MDL Hearing

In a Notice of Hearing Session (PDF) issued on June 12, the JPML announced that it will hear oral arguments over the Rochester request on July 30 at the United States Courthouse in Asheville, North Carolina. It is unclear whether Judge Gergel’s request will play a role in the hearing.

The notice indicates there are currently five turnout gear lawsuits filed across three separate districts, three in the District of Minnesota and one each in the Northern District of California and the District of Montana.

If the JPML decides to consolidate the litigation following the hearing, the cases will be transferred before one judge for coordinated discovery and pretrial proceedings. That judge would likely prepare the litigation for potential early test trials. This would include the selection of a group of representative cases to undergo case-specific discovery in preparation for bellwether trials designed to see how juries respond to evidence and testimony likely to be repeated throughout the litigation.

However, the lawsuits would remain individual claims, where plaintiffs would still be required to prove they suffered personal injuries as a result of their PFAS exposure.

AFFF Lawsuits

In addition to the firefighter gear lawsuits, thousands of AFFF lawsuits are currently consolidated before Judge Gergel as well. These have been brought against chemical companies over injuries and health problems including:

• Testicular Cancer
• Kidney Cancer
• Liver Cancer
• Thyroid Cancer
• Thyroid Disease (Hypothyroidism or Hyperthyroidism)
• Ulcerative Colitis

The first in a series of PFAS lawsuit bellwether trials was scheduled to begin in October 2025. However, the Court delayed the start of those trials, spurring speculation that the parties may be close to a global PFAS lawsuit settlement agreement, which could resolve all claims filed prior to the deadline.

If no settlement agreement is reached, Judge Gergel would likely begin rescheduling the bellwether trials. If those trials also end without a settlement, the judge would be expected to begin remanding cases back to their original district courts for individual trial dates.

Sign up for more legal news that could affect you or your family.