Dioxin lawsuit plaintiffs intend to proceed with case, or cases
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 week.

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.

http://www.ourmidland.com/news/article_3f00d59a-2b6c-5309-9bcb-3602ce9e9b0d.html


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