Tuesday, March 02, 2004

JEREMIAH STETTLER
THE SAGINAW NEWS

Dow Chemical Co. found little more than delay and uncertainly in the latest round of a dioxin-spurred lawsuit.

Dow urged a Saginaw County circuit judge Monday to remove 20 plaintiffs and to force residents' attorneys to confirm in writing that they have handed over all relevant documents.

But Dow will have to wait until next week to talk about tossing out litigants, Chief Circuit Judge Leopold P. Borrello ruled, and until today or Wednesday for a decision on the confirmation issue.

A disagreement over document sharing sparked Monday's hearing.

Residents' attorneys said they would sign only for documents they possessed or had control of.

"We cannot possibly make a statement under oath that we have produced all documents when there may be documents we have no knowledge of," said Bruce Trogan, an attorney for the residents.

Dow attorney Kathleen A. Lang said the chemical company just wants assurance that residents have released all information they agreed to give up in June. Interviews conducted by the company in January revealed potential gaps, she said.

Trogan claimed residents' attorneys have delivered on Dow's request, producing 13,000 pages of documents for 173 litigants.

Dow attorneys say the 20 residents in dispute have not fulfilled their obligations as litigants and cannot remain in the lawsuit.

"They are no longer entitled to be part of the case," Lang said.

Lang said information gaps reflect poorly on residents' attorneys. She questioned whether they can handle a class-action lawsuit with potentially 2,000 class members if they can't produce information for the 173 people now named in the lawsuit.

Trogan dismissed Dow's claim, saying the 20 residents simply are not proper representatives of the group. He said attorneys have tried unsuccessfully to reach them by phone, letter or personal visit.

"We've done everything we could do," Trogan said. "If they fail to cooperate, it is not a reflection on us."

Trogan asked the judge to dismiss the 20 residents without prejudice -- a legal distinction that would allow those residents to someday rejoin the suit. Dow wants them removed entirely. t

© 2004 Saginaw News.