Perdue PFAS case: Salisbury residents ask judge to sanction after mediation canceled

Salisbury residents are asking a judge to sanction Perdue Farms after the agribusiness giant abruptly canceled a long-scheduled mediation hearing.

For months, the plaintiffs say, the proposed class-action lawsuit over the company’s alleged pollution of local waterways with poly- and perfluoroalkyl substances, or PFAS, was paused as the parties headed toward settlement.

But on July 11, days before a deadline to file a mediation statement and two weeks before the meeting, the company canceled.

After the case was paused, Perdue brought claims against third parties, an attempt to limit its own liability. It blamed the discharge of “forever chemicals” on firefighting foam produced by 3M and Johnson Controls, and sued them as third-party defendants.

Even as it sued those companies, Perdue assured the Salisbury residents that mediation remained viable, according to a Tuesday filing asking a judge to sanction Perdue and reopen the case.

“Perdue never had any serious intention of resolving this case in good faith,” Philip Federico, a partner at Brockstedt Mandalas Federico representing the plaintiffs, stated in a news release.

“Instead, Perdue used the stay to buy time, shift blame to other companies, and avoid confronting its own responsibility for the contamination affecting Salisbury families. Salisbury families deserve answers and action, not more delay and finger-pointing.”

Perdue argues it has cooperated with state regulators and taken several actions to mitigate the harm, including providing free bottled water, upgrading its wastewater treatment systems and replacing the fire-suppression system. A company spokesperson said the plaintiffs have avoided discussing the liability of the companies that produced the firefighting foam.

“We participated in mediation discussions at plaintiff’s request and in good faith and we were prepared to discuss all aspects of the case, including the significant questions surrounding liability and the role of the companies that manufactured and sold the PFAS-containing firefighting foam, as well as other possible sources of contamination unrelated to Perdue,” Perdue General Counsel Herb Frerichs said in a statement provided by a spokesperson.

“Unfortunately, plaintiff’s counsel unilaterally attempted to avoid any discussion in the mediation about the actual source and cause of the PFAS,” Frerichs said. “Plaintiffs’ conduct therefore has made it impossible to make meaningful progress towards a fair resolution.”

The filing asks U.S. District Judge Stephanie Gallagher to order Perdue to pay for costs the plaintiffs incurred in preparing for the mediation, including fees for attorneys, experts and consultants.

The case was paused pending mediation for five months; last August, the plaintiffs survived a motion to dismiss. They sued after the Maryland Department of the Environment found high levels of “forever chemicals” in Perdue’s wastewater, which it disposed of into a local stream, farmland and forested areas, threatening residents’ health.

The proposed class-action case is one of two lawsuits by Salisbury residents against Perdue. In the other case, two residents say the chemicals have contaminated their wells and more than 100 in the area.

This story has been updated with a statement from Perdue.