Georgia Supreme Court sends lawsuit over BioLab chemical fire back to federal court

The future of a class action lawsuit over the massive 2024 BioLab warehouse fire remains uncertain after a ruling by the Georgia Supreme Court this week.

The justices heard arguments around Fannie and Albert Tartt v. Bio-Lab, Inc., and KIK Consumer Products Inc. in April, and released a ruling on Tuesday. The ruling was unanimous, though Chief Justice Nels S.D. Peterson and Justice Shawn Ellen LaGrua recused themselves from the case.

The lawsuit, filed on behalf of Conyers residents Fannie and Albert Tartt and others in the class, alleges that they were exposed to potentially toxic substances when the warehouse caught fire on Sept. 29, 2024. As part of the lawsuit, the plaintiffs are asking for medical monitoring in case the potential exposure leads to future conditions.

In the ruling, Justice Charles J. Bethel wrote that the court was asked to examine two questions by a federal judge: Does Georgia law allow people exposed to toxic substances to ask for a medical-monitoring program without showing any current injuries, and if that is the case, what standard those people must meet for eligibility?

For the first question, Bethel found that "as a general matter, if a plaintiff establishes in a given case that his legal rights were violated — that is, he proves he suffered a cognizable injury — he is entitled to a remedy," but he said that the proof and analysis need to "be undertaken in the context of this case's procedural posture."

With the current lawsuit in the motion-to-dismiss stage, the justice said that he would decline to answer the question, instead leaving it to the district court to determine whether the plaintiffs had an injury.

For the second issue, the justices also declined to answer the question, saying that, while "state law provides the basis for relief; it does not necessarily constrain the scope of that relief." Rather Bethel said that answering the question "would raise concerns about the balance of power between state and federal courts."

"The district court might choose in the first instance to limit the scope of appropriate equitable relief based on its understanding of Georgia law. It might conclude (again, assuming Plaintiffs demonstrate entitlement to equitable relief) that an injunction ordering medical monitoring would be inappropriate under Georgia law," Bethel wrote. "But we see no reason to make that determination on the district court's behalf, especially when it would at this stage be anticipatory. So we express no view on whether the Plaintiffs can ultimately obtain injunctive relief in the form of medical monitoring."

With the case sent back to federal court, it is unsure when the United States District Court for the Northern District of Georgia will respond.

BioLab warehouse fire caused massive closures

The blaze at the plant led to the closure of a major interstate, classes being canceled for schoolchildren, and forced thousands of residents to shelter in place as the chemical cloud moved around Atlanta's suburbs. Parts of a building collapsed during the fire, and the area remained an "active emergency response scene" for nearly four weeks.

On the morning of the fire, a BioLab employee at a storage warehouse reported hearing a "popping sound" and immediately saw that a product that was reactive to water was wet, the U.S. Chemical Safety and Hazard Investigation Board said in a report filed in November 2024. Fire officials said at the time that a sprinkler head had malfunctioned, causing water to mix with a water-reactive chemical.

The worker tried unsuccessfully to isolate the chemical product and called 911 as "large toxic vapor plumes" formed inside the building, and then flames could be seen in the area. A second fire broke out later, producing "thick black smoke, followed by multicolored plumes," the chemical safety board said.

There had been other destructive fires at the Conyers complex, including one in 2020 that prompted authorities to temporarily shut down Interstate 20.

Last April, the U.S. Department of Labor cited BioLab for six violations, including four serious violations, saying that an investigation by the Occupational Safety and Health Administration (OSHA) found that the blaze was caused by improperly stored hazardous chemicals. The agency fined the company more  than $61,000.

In 2025, BioLab Inc. announced that it had decided not to rebuild the main manufacturing facility, saying it had been unable to resume manufacturing operations.

Other lawsuits, including one by BioLab's insurance provider remain pending.