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Federal multidistrict litigation tracker

MDL 2873 Update — AFFF Firefighting Foam (PFAS) Lawsuit

In re: Aqueous Film-Forming Foams Products Liability Litigation. Counts are monthly JPML snapshots and can change between reports.

Lawsuit status — November 2026

AFFF Firefighting Foam (PFAS) Lawsuit

Verified November 11, 2026

MDL
MDL-2873
Court
D.S.C.
Judge
Judge Richard M. Gergel
Pending cases
15,270
Count as of November 2, 2026 · Source
+6 since prior report
Current phase
3M personal-injury agreement and claimant identification; separate water-system settlements
Settlement status
agreement signed; claimant identification underway
Latest development
3M signed a November 3, 2026 personal-injury agreement with a $7.35 billion nominal commitment through 2034, subject to participation thresholds. The agreement is separate from the public-water-system settlements and provides no fixed payout for every individual claimant.
Next major event
November 13, 2026 — 3M personal-injury claimant identification due

What changed this month?

  • ●3M signed a November 3, 2026 personal-injury agreement with a $7.35 billion nominal commitment through 2034, subject to participation thresholds. The agreement is separate from the public-water-system settlements and provides no fixed payout for every individual claimant. Source
  • ●Under CMO 39, counsel must identify eligible clients, including eligible unfiled clients, by November 13, 2026. Eligible people already representing themselves in the MDL on covered personal-injury claims against 3M must identify themselves by the same date. Identification is the first step. The settlement election and claim package are separate. Source
  • ●CMO 40 stays covered MDL proceedings as to 3M, subject to the procedures and exceptions in CMOs 39 and 40. The stay leaves claims against other defendants outside its scope. Source
  • ●JPML reports 15,270 pending actions in MDL-2873 on November 2, 2026, up 6 from October 1; 19,846 total historical actions are reported separately. Source
  • ●The public-water-system administrator now lists four additional proposed C.A.A.N. settlements with preliminary approval; final fairness is scheduled for January 15, 2027. These proposals do not announce an individual personal-injury payment program. Source

MDL details

Created
December 7, 2018
Pending
15,270
Total actions filed
19,846
Monthly change
+6

Defendants named in the tracked record

3M; DuPont / Chemours / Corteva; Tyco Fire Products (Johnson Controls); BASF; Carrier Global / Kidde-Fenwal; Arkema, Chemguard, Buckeye Fire Equipment, National Foam, Dynax and others. Defendants dispute the allegations.

Historical case counts

ReportPendingTotal filed
November 2, 202615,27019,846
October 1, 202615,26419,840
September 1, 202615,26419,840
August 3, 202615,24619,822
July 1, 202615,244—

What the litigation alleges

The tracked claims concern toxic exposure injury claim, including pfas exposure-related cancer and disease claims. These are allegations; defendants dispute liability and causation.

Stage and bellwether status

Under CMO 39, counsel must identify eligible clients, including eligible unfiled clients, by November 13, 2026. Eligible people already representing themselves in the MDL on covered personal-injury claims against 3M must identify themselves by the same date. Identification is the first step. The settlement election and claim package are separate. CMO 40 stays covered MDL proceedings as to 3M, subject to the procedures and exceptions in CMOs 39 and 40. The stay leaves claims against other defendants outside its scope.

Bellwether record: CMO 26O extends the July 20 proposal date to November 20. Read the earlier schedule with the later CMO 40 stay as to 3M.

Settlement status

3M signed a November 3, 2026 personal-injury agreement with a $7.35 billion nominal commitment through 2034, subject to participation thresholds. The agreement is separate from the public-water-system settlements and provides no fixed payout for every individual claimant.

Individual claims: Under CMO 39, counsel must identify eligible clients, including eligible unfiled clients, by November 13, 2026. Eligible people already representing themselves in the MDL on covered personal-injury claims against 3M must identify themselves by the same date. Identification is the first step. The settlement election and claim package are separate.

Official sources

Related guides

Read the national AFFF Firefighting Foam (PFAS) Lawsuit guide