Dioxin lawsuit plaintiffs intend to proceed with case, or
By Tony Lascari Midland Daily News | Posted: Thursday, July 21, 2011 10:30 am | Updated: 11:45 am, Thu Jul 21, 2011.
The lead attorney for property owners on the Tittabawassee River who are
suing The Dow Chemical Co. claiming property damages from dioxin contamination
said the cases will move forward despite being denied class action status this
Teresa Woody, who represents Gary and Kathy Henry and others in the lawsuit, said they are evaluating an opinion issued Monday by Saginaw County Judge Leopold Borrello and deciding whether to appeal the ruling. One thing is certain, Woody said.
"We are going to go forward with the cases against Dow whether it's class action or hundreds of individual cases," she said.
Borrello's ruling Monday reversed his 2005 decision to grant class action status, which was sent back to him by a higher court for review. The change was made because the U.S. Supreme Court recently made the rules for granting class action status more strict in a case against Wal-Mart.
The Dow Chemical Co. said in a statement that Borrello's conclusion was that there was no "glue" to hold all of the plaintiffs' claims together.
Dow said it intends to continue to defend the case if the plaintiffs choose to appeal this decision or if the case moves forward with individual plaintiffs.
For additional articles like this one, go to the Tittabawassee River Watch web site www.trwnews.net for complete coverage of the Tittabawassee River Dow Chemical dioxin contamination saga. . The Newspaper / Media page of our site contains an extensive archive of media articles dating back to January 2002. The source organization's web site link is listed to the right of the article, visit often for other news in our area. The Newspaper / Media page may be accessed by scrolling down to the bottom of the CONTENTS section and clicking on the Newspaper/Media link.