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
- 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
| Report | Pending | Total filed |
|---|---|---|
| November 2, 2026 | 15,270 | 19,846 |
| October 1, 2026 | 15,264 | 19,840 |
| September 1, 2026 | 15,264 | 19,840 |
| August 3, 2026 | 15,246 | 19,822 |
| July 1, 2026 | 15,244 | — |
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
- 3M Form 8-K and Master Settlement Agreement
- District of South Carolina CMO 39 (ECF 11962)
- District of South Carolina CMO 40 (ECF 11964)
- JPML — November 2, 2026 pending and historical actions
- JPML — October 1, 2026 pending and historical actions
- JPML — September 1, 2026 pending and historical actions
- JPML — August 3, 2026 pending and historical actions
- JPML — September 1, 2026 assignments and transfer dates
- Official court case orders
- CMO 26O moves Group B case-selection and expert-discovery proposals to November 20, 2026.
- CMO 33F sets thyroid/liver-cancer expert-motion responses for November 20, 2026 and replies for January 22, 2027; it does not set a trial.
- The administrator confirms four water-system settlements have final approval; the Phase Two water-system claims deadline was July 31, 2026.
- D.S.C. — MDL 2873 orders page
- CMO 35 (PDF) — bellwether reset
- CMO 26N (PDF) — Group B bellwether schedule
- JPML — Pending MDL Dockets, July 1, 2026 (PDF)
- Tyco $750M final approval order (PDF)
- Carrier settlement FAQ — preliminary approval, scope and January 15, 2027 hearing
- October 30, 2026 CMO 4E — limited disclosures in JPML proceedings
Related guides
Read the national AFFF Firefighting Foam (PFAS) Lawsuit guide