Aqueous Film-Forming Foams (AFFF) Products Liability Litigation
MDL No. 2873

FAQs - Frequently Asked Questions


I am a plaintiff or represent a plaintiff in the AFFF MDL. Who do I contact with questions about the MDL?

Plaintiffs and counsel should contact Plaintiffs’ Lead Counsel and/or Plaintiffs’ Liaison Counsel before contacting the Court with questions.

 

How do I register for electronic filing for the District of South Carolina?

The MDL registration form (MS Word, PDF, WordPerfect) should be emailed to ecf_registration@scd.uscourts.gov . Training is required. However, training by another district satisfies this district’s training requirement.

 

If I am not admitted to practice before the South Carolina District Court, do I need local counsel and pro hac vice admittance to this district?

Paragraph 8 of CMO 1 states that counsel who appeared in a case in the transferor district court prior to transfer need not enter a separate appearance before this Court or apply to proceed pro hac vice.

Paragraph 9 of CMO 1 states that parties in the MDL are not required to obtain local counsel and the requirements of Local Rule 83.I.04 are waived as to any attorney appearing in these actions who is duly admitted to practice before any United States District Court.

 

How do I file a document once my case has been consolidated with the MDL?

CMO 1 discusses filing documents in the MDL. If a document is generally applicable to all consolidated actions, then the document should be filed and docketed in the master case only. If a document applies only to a particular case or cases, the document should be filed in the master case and then spread only to the particular case(s) to which it applies. Before filing any motion, counsel should consult with Co-Lead Counsel and comply with the requirements of CMO 2.

 

I would like a copy of the transcript from a status conference or hearing. How do I obtain a copy?

Click the Transcripts menu option to view all available transcripts.

 

Can I attend the next status conferences by phone?

Lead Counsel, Liaison Counsel, and any counsel intending to argue a motion or actively participate in a status conference must appear in person, unless specifically authorized by the Court to participate by telephone. See CMO 2. Any counsel who wish to attend, but not actively participate in, a status conference may appear by phone.

 

 

Is direct filing allowed?

Any plaintiff whose case would be subject to transfer to the AFFF MDL proceedings may file his or her case directly in the District of South Carolina, in accordance with Paragraphs 25 through 29 of CMO 3. The shell case number for cases related to the AFFF MDL is 2:20-av-55555. Civil cover sheets need not be filed for cases directly filed in the AFFF MDL.

 

 

What procedure should counsel file regarding direct file complaints?

Pursuant to the Notice to All Counsel and Text Order issued by the Court, counsel need only submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach a page which includes the additional defendants' names and addresses. For all cases in the MDL proceedings, the parties are relieved from complying with the requirement of Local Civil Rule 26.01, DSC.