Judge issues draft order in Dow Chemical dioxin case, next hearing set for June 27

Published: Thursday, June 09, 2011, 11:35 AM Updated: Thursday, June 09, 2011, 2:41 PM
By Lindsay Knake | The Saginaw News


SAGINAW — Residents involved in a lawsuit against Dow Chemical Co. have to wait about three weeks to learn whether the suit will retain class action status.

Retired Saginaw County Judge Leopold Borrello ordered both parties in Henry V. Dow Chemical to issue a draft order due by June 27. The order requires each party to submit proposed findings, facts and a conclusion to whether the case should have class action status.

Borrello said he will adopt one of those orders within the week.

Plaintiff Attorney Bruce Trogan said the order will allow the parties to present the judge with all the necessary facts for him to make a well-informed decision.

“We’ll attempt to lay it all out,” he said.

Dow Attorney Kathleen Lang said the company continues to believes the lawsuit is not class action. The properties are too diverse to put together in one lawsuit because of the difference in land uses and dioxin levels, she said.

More than 150 Saginaw County homeowners along the Tittabawassee River filed a lawsuit in March 2003. They claim Dow contaminated their properties with dioxin, and the pollution diminished property values downstream from its Midland plant.

The Michigan Supreme Court in 2009 ordered Borrello to revisit the lawsuit to further clarify his earlier ruling that granted class-action status for plaintiffs.

If the lawsuit has class action status, Trogan said, it will involved about 2,500 Saginaw County residents.
 

http://www.mlive.com/news/saginaw/index.ssf/2011/06/judge_dow_chemical_lawsuit.html


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