Class-action status approved in suit against Dow

Class Action News

[##_1L|1111424567.jpg|width="130" height="92" alt=""|_##]A citizen lawsuit alleging damages caused by contamination from Dow Chemical Co. should become a class action, the Michigan Court of Appeals said in a decision released Friday. Those who sued the chemical giant claim that dioxin from Dow's Midland plant got into the Tittabawassee River and contaminated their properties, reducing home values and making homes hard to sell.

The lawsuit seeks to cover anyone who lives in the 100-year floodplain, which could be as many as 2,000 people, the court said.

The case has dragged in the courts since it was filed in March 2003.

"This appeal took two years," said Kathy Henry, one of the plaintiffs. "We're glad about the appeals court ruling, but it's been cruel to make residents wait this long."

A spokesman for Dow said the company is reviewing the opinion.

"We continue to believe that the trial court erred in granting class certification," Scot Wheeler said. "Among other things, the trial court ignored evidence that upwards of one-third of the residential properties sampled showed no contamination."

Since the lawsuit was filed, hot spots of dioxin have been found in the Saginaw River.

An earlier ruling in the case dismissed the residents' demand to make Dow pay for medical monitoring for potential health problems.

Dow contends a University of Michigan study shows that people who live in contaminated areas do not show higher levels of dioxin in their blood than people who don't live near the river.

Related listings

  • GE attorney's class action lawsuit to go forward

    GE attorney's class action lawsuit to go forward

    Class Action News 01/25/2008

    A high-ranking attorney for General Electric Co. can go ahead with her class-action lawsuit against what she calls the "very male-dominated culture" in the international conglomerate, a federal judge has ruled. U.S. District Judge Peter Dorsey on Wed...

  • Centerline says class action lawsuit filed against co

    Centerline says class action lawsuit filed against co

    Class Action News 01/23/2008

    Centerline Holding Co said class action lawsuit has been filed against it, its trustees and Related Cos, alleging claims related to Centerline's recently announced rights offering to an affiliate of Related Cos, according to a filing.The New York-bas...

  • De Beers Settles Class Action Suit

    De Beers Settles Class Action Suit

    Class Action News 01/22/2008

    De Beers, the world's largest diamond importer, settled a class action lawsuit Monday worth $297 million, which would be divided roughly in half between consumers and diamond merchants and resellers.The lawsuit charged that De Beers and its subsidiar...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read