| Dioxin
plaintiffs cry foul about meetings |
|
| Kathie Marchlewski , The Midland Daily News | 11/07/2003 |
| The dioxin lawsuit
between floodplain property owners and Dow could make it challenging for the company to
work with the community to address river contamination. Plaintiffs are asking would-be members of the potential class-action case – and courts – to dismiss any Dow attempts at communication. Their warning comes after Dow sent invitations to Tittabawassee River property owners to come to informal neighborhood meetings scheduled for next week. Separate from those meetings, Dow defense attorneys have asked courts for permission to interview potential class members to gather evidence for its defense, but the court hasn’t given the go-ahead. Plaintiffs argue Dow shouldn’t contact property owners at all until the court decides. Dow says its community meetings have nothing to do with the lawsuit – no attorneys will attend and no information will be gathered. "It is completely unrelated to the litigation," said Dow spokeswoman Sarah Opperman. "Dow wants and needs the input of those most affected. This is about outreach. Litigation will not be discussed." Plaintiffs attorneys plan to bring the meetings to Judge Leopold Borrello’s attention before the first is conducted Monday. "I am truly astounded that they are going ahead and setting up meetings and that they initiated contact before the judge gave them the green light," said Bruce Trogan, Saginaw-based co-counsel for plaintiffs. Trogan did not offer advice for people who don’t have legal representation, but plaintiffs warn that the meetings are Dow’s attempt to circumvent the legal system. "They want to get you in a room without a lawyer and hope you spill your guts about your family and neighbors," said Gary Henry, a plaintiff. "They are looking for anything they can use against you in the future if you should happen to join the lawsuit or become part of it through class certification." According to Dow, the only purpose of the community meetings, which are not open to the public, is to introduce residents to the people at Dow who are working with the state to address historical dioxin levels, to answer questions, and to gather input on suggested remediation plans. Ninety percent of property owners along the floodplain are not party to the suit, Opperman said. "It’s unfortunate that you’ve got a small group of people trying to shut down dialogue at a time when it’s most needed." The attorney interviews for which Dow is asking Borrello’s permission to conduct are different, said Dow litigation spokesman Scot Wheeler. "Courts make decisions based on the factual record and it is important to this case that the court have information that determines whether the named plaintiffs are typical and representative of the unnamed supposed potential class members." Wheeler added that the U.S. Supreme Court has recognized a party’s First Amendment rights in communicating with potential class members. |
|
| İMidland Daily News 2003 | |
For additional articles like this one, go to the Tittabawasse 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.