Conflicts Issue Rears Its Head In Multi-Million Dollar 3M Pollution Suit

Covington & Burling is working on contingency for the State of Minnesota in what is potentially the largest environmental damages lawsuit in the state’s history. In past years the firm also did work for the defendant, 3M Co, including regulatory work related to the same perfluorochemicals (PFCs) at issue in the lawsuit. The company raised the conflicts issue a year-and-a-half into the case, as the case was about to be tried. The state contends that by letting the case proceed, while millions in litigation costs were being run up, 3M waived its right to object. Now the Minnesota Supreme Court has sent the case back to a lower court to resolve the issue.